Texas Code of Criminal Procedure 14.035 – Authority to Release in Lieu of Arrest Certain Persons With Intellectual or Developmental Disability
(a) This article applies only to a person with an intellectual or developmental disability who resides at one of the following types of facilities operated under the home and community-based services waiver program in accordance with Section 1915(c) of the Social Security Act (42 U.S.C. § 1396n):
(1) a group home; or
(2) an intermediate care facility for persons with an intellectual or developmental disability (ICF/IID) as defined by 40 T.A.C. Section 9.153.
(b) In lieu of arresting a person described by Subsection (a), a peace officer may release the person at the person’s residence if the officer:
(1) believes confinement of the person in a correctional facility as defined by § 1.07, Penal Code, is unnecessary to protect the person and the other persons who reside at the residence; and
(2) made reasonable efforts to consult with the staff at the person’s residence and with the person regarding that decision.
Terms Used In Texas Code of Criminal Procedure 14.035
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) A peace officer and the agency or political subdivision that employs the peace officer may not be held liable for damage to persons or property that results from the actions of a person released under Subsection (b).