eLaws | eCases | Texas Administrative Code | Texas Courts | Counties & Cities of Texas | United States Code |
 Texas Statutes (Last Updated: January 4, 2014)
 HEALTH AND SAFETY CODE
 Title 7. MENTAL HEALTH AND MENTAL RETARDATION
 Subtitle C. TEXAS MENTAL HEALTH CODE
 Chapter 574. COURT-ORDERED MENTAL HEALTH SERVICES
 Subchapter E. POST-COMMITMENT PROCEEDINGS

  Sec. 574.064. APPREHENSION AND RELEASE UNDER TEMPORARY DETENTION ORDER  

Latest version.

  • (a) A temporary detention order shall direct a peace officer or other designated person to take the patient into custody and transport the patient immediately to:

    (1) the nearest appropriate inpatient mental health facility; or

    (2) a mental health facility deemed suitable by the local mental health authority for the area, if an appropriate inpatient mental health facility is not available.

    (b) A patient may be detained under a temporary detention order for more than 72 hours, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025(b) for an extreme emergency only if, after a hearing held before the expiration of that period, the court, a magistrate, or a designated associate judge finds that there is probable cause to believe that:

    (1) the patient meets the criteria described by Section 574.065(a); and

    (2) detention in an inpatient mental health facility is necessary to evaluate the appropriate setting for continued court-ordered services.

    (c) If probable cause is found under Subsection (b), the patient may be detained under the temporary detention until the hearing set under Section 574.062 is completed.

    (d) A facility administrator shall immediately release a patient held under a temporary detention order if the facility administrator does not receive notice that the patient's continued detention is authorized:

    (1) after a probable cause hearing held within 72 hours after the patient's detention begins; or

    (2) after a modification hearing held within the period prescribed by Section 574.062.

    (e) A patient released from an inpatient mental health facility under Subsection (d) continues to be subject to the order for court-ordered outpatient services, if the order has not expired.

    (f) A person detained under this section may not be detained in a nonmedical facility used to detain persons charged with or convicted of a crime.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 191, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 367, Sec. 13, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 334 , Sec. 7, eff. September 1, 2009.