81st Texas Legislature, Senate Bill 1557, Chapter 1228 Page: 6 of 8
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S.B. No. 1557
1 (4) magistrate determines, in consultation with the
2 local mental health or mental retardation authority, that
3 appropriate community-based mental health or mental retardation
4 services for the defendant are available through the Texas
5 Department of Mental Health and Mental Retardation under Section
6 534.053, Health and Safety Code, or through another mental health
7 or mental retardation services provider.
8 SECTION 3. Subsection (d), Section 11, Article 42.12, Code
9 of Criminal Procedure, is amended to read as follows:
10 (d) If the judge places a defendant on community supervision
11 and the defendant is determined to have a mental illness or be a
12 person with mental retardation as provided by [an- a.ining-r\;r? o prl t
13 t4ner] Article 16.22 or Chapter 46B or in a psychological
14 evaluation conducted under Section 9(i) of this article, the judge
15 may require the defendant as a condition of community supervision
16 to submit to outpatient or inpatient mental health or mental
17 retardation treatment if the:
18 (1) defendant's:
19 (A) mental impairment is chronic in nature; or
20 (B) ability to function independently will
21 continue to deteriorate if the defendant does not receive mental
22 health or mental retardation services; and
23 (2) judge determines, in consultation with a local
24 mental health or mental retardation services provider, that
25 appropriate mental health or mental retardation services for the
26 defendant are available through the Texas Department of Mental
27 Health and Mental Retardation under Section 534.053, Health and6
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Texas. Legislature. Senate. 81st Texas Legislature, Senate Bill 1557, Chapter 1228, legislative document, June 19, 2009; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth149394/m1/6/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.