(a) The psychiatrist for a JBCR pilot program, or psychiatrist
or psychologist for a county-based JBCR program, must conduct at least
two full psychiatric or psychological evaluations for each individual.
The psychiatrist or psychologist must:
(1) conduct the first evaluation no later than the
21st day after the date JBCR program services began;
(2) conduct the second evaluation no later than the
55th day after the date JBCR program services began; and
(3) subsequent to evaluations completed in paragraphs
(1) and (2) of this subsection, promptly submit a separate report
for each psychiatric or psychological evaluation to the court.
(b) At any time during the commitment for JBCR services
consistent with the Texas Code of Criminal Procedure, Article 46B.091(h),
but no later than the 60th day after the date JBCR services begin,
the psychiatrist for a JBCR pilot program, or psychiatrist or psychologist
for a county-based JBCR program, must determine if the individual
is restored to competency, is unlikely to be restored to competency
in the foreseeable future, or has not been restored to competency
but will likely be restored in the foreseeable future. If the psychiatrist
or psychologist determines the individual:
(1) is restored to competency, the psychiatrist or
psychologist must send a report to the court demonstrating this determination;
(2) is unlikely to be restored to competency in the
foreseeable future, the psychiatrist or psychologist must send a report
to the court demonstrating this determination, and coordinate with
provider staff members, the court, and the county jail to ensure the
transfer or release of the individual pursuant to the court's action
to:
(A) proceed under the Texas Code of Criminal Procedure,
Chapter 46B, Subchapter E or Subchapter F; or
(B) release the defendant on bail under the Texas Code
of Criminal Procedure, Chapter 17; or
(3) has not been restored to competency but will likely
be restored in the foreseeable future, if the individual is charged
with:
(A) a felony offense, the psychiatrist or psychologist
must coordinate with provider staff members, the court, and the county
jail to ensure the transfer of the individual to the first available
mental health facility or residential care facility for the remainder
of the commitment period; or
(B) a misdemeanor offense, the psychiatrist or psychologist
must coordinate with provider staff members, the court, and the county
jail to ensure the transfer or release of the individual pursuant
to the court's action to:
(i) order a single extension under the Texas Code of
Criminal Procedure, Article 46B.080 and transfer of the individual
to the first available mental health facility or residential care
facility;
(ii) proceed in accordance with the Texas Code of Criminal
Procedure, Chapter 46B, Subchapter E or Subchapter F;
(iii) release the defendant on bail in accordance with
the Texas Code of Criminal Procedure, Chapter 17; or
(iv) dismiss the charges in accordance with the Texas
Code of Criminal Procedure, Article 46B.010.
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Source Note: The provisions of this §307.125 adopted to be effective August 6, 2018, 43 TexReg 5091; transferred effective February 15, 2020, as published in the Texas Register January 17, 2020, 45 TexReg 470 |