Sec. 841.082. COMMITMENT REQUIREMENTS  


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  • (a) Before entering an order directing a person's outpatient civil commitment, the judge shall impose on the person requirements necessary to ensure the person's compliance with treatment and supervision and to protect the community. The requirements shall include:

    (1) requiring the person to reside in a Texas residential facility under contract with the office or at another location or facility approved by the office;

    (2) prohibiting the person's contact with a victim or potential victim of the person;

    (3) prohibiting the person's possession or use of alcohol, inhalants, or a controlled substance;

    (4) requiring the person's participation in and compliance with a specific course of treatment provided by the office and compliance with all written requirements imposed by the case manager or otherwise by the office;

    (5) requiring the person to:

    (A) submit to tracking under a particular type of tracking service and to any other appropriate supervision; and

    (B) refrain from tampering with, altering, modifying, obstructing, or manipulating the tracking equipment;

    (6) prohibiting the person from changing the person's residence without prior authorization from the judge and from leaving the state without that prior authorization;

    (7) if determined appropriate by the judge, establishing a child safety zone in the same manner as a child safety zone is established by a judge under Section 13B, Article 42.12, Code of Criminal Procedure, and requiring the person to comply with requirements related to the safety zone; and

    (8) any other requirements determined necessary by the judge.

    (b) A tracking service to which a person is required to submit under Subsection (a)(5) must:

    (1) track the person's location in real time;

    (2) be able to provide a real-time report of the person's location to the case manager at the case manager's request; and

    (3) periodically provide a cumulative report of the person's location to the case manager.

    (c) The judge shall provide a copy of the requirements imposed under Subsection (a) to the person and to the office. The office shall provide a copy of those requirements to the case manager and to the service providers.

    (d) The court retains jurisdiction of the case with respect to a civil commitment proceeding conducted under Subchapters F and G.

    (e) The requirements imposed under Subsection (a) may be modified at any time after notice to each affected party to the proceedings and a hearing.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 24, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 849 , Sec. 3, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 849 , Sec. 7(1), eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 593 , Sec. 1.12, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1201 , Sec. 8, eff. September 1, 2011.