Sec. 574.1065. FINDING THAT PATIENT PRESENTS A DANGER  


Latest version.
  • In making a finding under Section 574.106(a-1)(2) that, as a result of a mental disorder or mental defect, the patient presents a danger to the patient or others in the inpatient mental health facility in which the patient is being treated or in the correctional facility, as applicable, the court shall consider:

    (1) an assessment of the patient's present mental condition;

    (2) whether the patient has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm to the patient's self or to another while in the facility; and

    (3) whether the patient, in the six months preceding the date the patient was placed in the facility, has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm to another that resulted in the patient being placed in the facility.

Added by Acts 2005, 79th Leg., Ch. 717 , Sec. 5, eff. June 17, 2005. Amended by: Acts 2009, 81st Leg., R.S., Ch. 624 , Sec. 2, eff. June 19, 2009.