Mental Health Commitment Process (Criminal*)
> Click here to view a flow chart version of this process.
> Click here for information on Civil Mental Health Commitments.
If criminal charges are pending and Defendant is found incompetent to
stand trial**:
- Defendant will be remanded to the state hospital or an outpatient restoration program for up to 120 days in attempt to restore competency; or
- Defendant is restored and returned for restoration hearing.
If the Defendant is unlikely to regain competency, the District or County Attorney will take one of the following actions:
- The DA will dismiss criminal charges and release the Defendant;
- The DA will refer the Defendant for civil commitment ***; or
- Or DA initiates proceeding for commitment under §46B 101 et al. Defendant will be committed for a period of time not to exceed maximum sentence for
crime alleged (except some misdemeanors).
If the District or County Attorney refuses to dismiss the charges:
After 120 Days, if Defendant is found unlikely to regain competency the prosecutor will refer the case for a commitment hearing to determine if:
- PP is mentally ill;
- If PP is likely to harm self, another or is
gravely disabled;
- There is a recent overt act;
- If hospital is the least restrictive setting
Chapter 46B Tx. Code of Criminal Procedure
**A person is incompetent to stand trial if the person does not have: 1)sufficient present ability to consult with the person’s lawyer with a
reasonable degree of rational understanding; or 2) a rational as well as factual understanding of the proceedings against the person.
***Chapter 573, 574 Tx. Health & Safety Code
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For more information, please call the Austin Criminal Defense
Law Office of Krista A. Chacona, P.C. at
(512) 617-5555. |