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We have a defendant who was found NGRI. The Judge entered an Order under CCP 46C.201(b)(1), finding that the offense did not involve dangerous conduct and that the defendant was mentally ill. The Order also stated that the case needed to be transferred to the appropriate court for civil commitment proceedings and that the defendant would be detained in jail until that took place. It's been 30 days and the defendant is still sitting in jail and nothing has happened. Anyone know what comes next? Is there anything else we need to file?
 
Posts: 3 | Location: Nueces County District Attorney's Office | Registered: September 10, 2014Reply With QuoteReport This Post
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Is it fair to assume that civil mental health commitments in your county are not handled by your office? Assuming that is correct, I suggest a call to the prosecutor (perhaps an Assistant County Attorney) who handles those commitments in your county, if you haven't done so yet. They may not know the case was moved over...
 
Posts: 341 | Location: Tarrant County, Texas | Registered: August 24, 2001Reply With QuoteReport This Post
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The civil mental health commitments are handled by the County Attorney here. I already called them and they said they don't do these "types" of commitments. I suspect it's just a matter of them never having done one before. I'm scouring Chapter 574 of the Health and Safety Code so I can provide guidance to the County Attorney, but so far coming up empty-handed.
 
Posts: 3 | Location: Nueces County District Attorney's Office | Registered: September 10, 2014Reply With QuoteReport This Post
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I suspect you are correct, that it is most likely a matter of them just not having handled one of them before, unless there is some local arrangement that your office continues to handle them even if they transfer over.

Email me at adiamond(at)tarrantcountytx.gov and I'll put you in touch with someone who might be able to assist you.
 
Posts: 341 | Location: Tarrant County, Texas | Registered: August 24, 2001Reply With QuoteReport This Post
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I would agree. It is a simple transfer to the court having MH jurisdiction in your county. And, the now proposed patient may be held in jail pending such transfer - but only briefly and 30 days is not brief. This may be a knowledge issue and it may be a political issue; i.e. with necessity for judge to judge conversation, so that the person does not languish and the matter is properly resolved.
 
Posts: 264 | Location: Houston, TX | Registered: January 17, 2005Reply With QuoteReport This Post
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