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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 307BEHAVIORAL HEALTH PROGRAMS
SUBCHAPTER DOUTPATIENT COMPETENCY RESTORATION
RULE §307.163Assessment, Reassessment, Court Reporting, and Extension

(a) An OCR provider must:

  (1) regularly evaluate the individual's progress towards attainment of competency to stand trial and likeliness to restore to competency in the foreseeable future;

  (2) report the individual's progress toward achieving competency to the court in accordance with Texas Code of Criminal Procedure, Article 46B.077:

    (A) no later than the 14th day after the date competency restoration services begin; and

    (B) at least once each 30-day period following the date of the first report to the court after competency restoration services begin;

  (3) promptly report to the court the individual's attainment of competency or whether the individual is not likely to restore to competency in the foreseeable future in accordance with Texas Code of Criminal Procedure, Article 46B.079; and

  (4) notify the court no later than 15 days before the date on which the initial restoration period is to expire that the period is about to expire in accordance with Texas Code of Criminal Procedure, Article 46B.079.

(b) The notice provided under subsection (a)(4) of this section may include a request for a 60-day extension of the initial restoration period for OCR services, and include an explanation for the request in accordance with Texas Code of Criminal Procedure, Article 46B.079(d).


Source Note: The provisions of this §307.163 adopted to be effective February 9, 2021, 46 TexReg 918; amended to be effective February 9, 2023, 48 TexReg 519

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