Texas Code of Criminal Procedure 46B.071 – Options On Determination of Incompetency
(a) Except as provided by Subsection (b), on a determination that a defendant is incompetent to stand trial, the court shall:
(1) if the defendant is charged with an offense punishable as a Class B misdemeanor:
(A) release the defendant on bail under Article 46B.0711; or
(B) commit the defendant to:
(i) a jail-based competency restoration program under Article 46B.073(e); or
(ii) a mental health facility or residential care facility under Article 46B.073(f); or
(2) if the defendant is charged with an offense punishable as a Class A misdemeanor or any higher category of offense:
(A) release the defendant on bail under Article 46B.072; or
(B) commit the defendant to a facility or a jail-based competency restoration program under Article 46B.073(c) or (d).
(b) On a determination that a defendant is incompetent to stand trial and is unlikely to be restored to competency in the foreseeable future, the court shall:
(1) proceed under Subchapter E or F; or
(2) release the defendant on bail as permitted under Chapter 17.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Code of Criminal Procedure 46B.071
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.