Rule Text
An order issued under Article 46B.0711, 46B.072, or 46B.073 must place the defendant in the custody of the sheriff or sheriff's deputy for transportation to the facility or program, as applicable, in which the defendant is to receive competency restoration services.
Amendment history: Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 5, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 16, eff. September 1, 2017.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When a judge orders someone to get treatment to become competent for trial, the sheriff is put in charge of getting them there. The court order has to specifically name the sheriff or one of the sheriff's deputies as the person responsible for transporting the defendant.
This applies whether the person is being sent to a mental health facility or placed in an outpatient treatment program to restore their competency. The sheriff's office handles the actual transportation, making sure the defendant gets safely from wherever they currently are to the location where they'll receive treatment to help them understand their case and participate in their own defense.