We are having a situation out here in El Paso where we have misdemeanor defendants declared incompetent and receiving a mix of inpatient and outpatient treatment. Any one have any experience with this and knows which maximum applies when they have mixed and matched treatment? Is it the 1 year max as per maximum sentence or is it the 2 year max for outpatient treatment?

As an example, defendant has 10 days jail prior to inpatient confinement. He has 60 days inpatient. He then is released to 6 months of outpatient. Back to inpatient for 60 days. Then another 60. Then back to 6 months of outpatient. This is more than a year, but less than two and we have defense attorneys asking for dismissals.

Seth,

The statute provides that a defendant may not be "subjected to both inpatient and outpatient treatment for a cumulative period that exceeds the maximum term provided by law for the offense for which the defendant was to be tried," and sets a maximum of two years if the defendant 1) has been charged with a misdemeanor and 2) has been ordered to participate ONLY in an outpatient treatment program (that matches up with the max for probation for a misdemeanor).

So if it's mixed and matched, your max is six months for a Class B and a year for Class A.