I'm currently prosecuting a lengthy Evading with a Vehicle case that may result in an agreed NGRI verdict. The D is not in custody and I would anticipate a "nondangerous conduct" finding without her being detained in jail thereafter. With that scenario, post-judgment would the District Court then transfer the case to the CC that handles our mental civil commitments? Do we keep it? Does our court refer the D to MHMR for CMEs or let them determine what (if any) additional evaluations they'll need? Any assistance would be appreciated.

The answer is in 46C.159 (proceed under Subchapter E) - which is in 46C.201 - and involves a single issue: Is there evidence to support a finding that the person is mentally ill. If so, transfer to civil - i.e. to the court having civil MH jurisdiction. The person may be held in jail only pending such transfer (2-3) days or "placed in the care of a responsible person." Call me if needed 712 274-6701

Floyd to the rescue as always! Thanks for the help.

Of course, were I not demented I would provide the correct phone number. 713 274-7601 (county line).