August 17, 2011, 10:45
K.C.Order of Commitment for MR, after 46B Incompentency and not likely to regain competency.
Does anyone have or know where I may be able to find an order of commitment for someone with MR. I am after the restoration commitment, they are not likely to regain competence, and I am not dismissing the charges. Therefore as I understand it I need to commit them under Subtitle D of Title 7 Health and Safety Code (MR section).
I have looked in the Mental Defenses book, however the only form is for a commitment under MI (Subtitle C).
Its a shame the legislature could not have been a little clearer and keep one procedure for criminal commitments as opposed to purely civil ones.
August 18, 2011, 09:46
Floyd L. JenningsI will respond back channel and send you orders, as well as a protocol for the hearing, and any caselaw you may need.