Sec. 351.014. HOLDING INSANE PERSONS  


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  • (a) A person suspected to be or adjudged insane may not be held in a county jail unless the person:

    (1) demonstrates homicidal tendencies; and

    (2) must be restrained from committing acts of violence against other persons.

    (b) A person requiring restraint under this section may be held in a county jail for not more than 24 hours. The person shall be kept under observation at all times.

    (c) At the end of the 24-hour period, the person shall be released or taken to a hospital or mental hospital.

    (d) A person held under this section shall be kept in a special enclosure or room for that purpose. The special enclosure or room must have:

    (1) a clear floor area of 40 square feet or more;

    (2) a ceiling height above the floor of eight feet or more; and

    (3) a soft covering on the floor and walls, designed to protect a violent person from self-injury or destruction.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 952, Sec. 4, eff. Sept. 1, 1999.