I think this has been discussed before, but I can't find the thread. Anyway, here goes (Floyd, I hope you are reading today.)

Defendant is indictment for Agg Robbery. Found incompetent and sent to Vernon's. Unable to be made competent and not likely to regain competence. Sent to us for civil commitment. Is a jury trial required? Or, can he be civilly committed by agreement?

Get a copy of the TDCAA book on Mental Defenses, written by Jane Starnes. It has a good rundown on all that.

Of course, the Honorable District Attorney from Williamson County is correct. That having been acknowledged as fact, I'll give it a stab.

First, start reading 46B.151ff, it is now presumptive that charges are dismissed. But before I did that, were I prosecuting the case, I would make quite sure from a local expert (i.e. not the state hospital) that, indeed, restoration in the foreseeable future is unlikely.

Second, now presuming that my local expert confirms that restoration is not likely, then because Jackson v. Indiana (cite omitted) was the basis for modern statutory changes, i.e. that a person can be confined for restoration only for such period as would reasonably lead to restoration; and, for example, in Jackson, the mentally retarded def was not likely to be restored, I must now consider civil commitment.

Third, the precise answer to your question is the lawyerly response, "it depends", whether Tex. Health & Safety Code Chapt. 574 applies (mental health commitment), or Chapt. 593 (mental retardation commitment), or Chapt. 462 (chemical dependency). If Chapt. 574 applies (mental health) then a jury trial is required only if requested on the first, or 90 day commitment, required unless waived for the extended or 1 year commitment. For Chapt. 593 a jury trial is also required if requested -- but the standard of evidence increases from clear and convincing to beyond a reasonable doubt (as MR commitments are indefinite). And off the top of my head, and before dinner, I don't recall viz. 462.

Call or email me if you have any questions.

flj

P.S. I just realized you are in Cherokee County, sorry no offense meant viz. RSH (or VSH) staff, but the facts are often that reasonable experts differ and we have been known to send folk back for restoration with two medical certificates and evidence that restoration is likely (and a diagnosis supporting the same).

It ain't pretty.