Texas Motion for Psychiatric Examination of Defendant
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FAQ
Evidence Mental Illness that creates an imminent substantial risk of serious harm to him/her or others and that necessary restraint for treatment cannot be accomplished without Emergency Detention and that Emergency Detention is the least restrictive means by which necessary restraint may be affected.
You have the right to be treated in a clean and humane environment in which you are protected from harm, have privacy with regard to personal needs, and are treated with respect and dignity.
You have the right to dignity, privacy, and humane care. You also have the right to treatment services that pro- mote your potential to function independently. Treatment must be provided in ways that are least restrictive to you.
(b) A defendant is presumed competent to stand trial and shall be found competent to stand trial unless proved incompetent by a preponderance of the evidence.
Order of Protective Custody (?OPC?) The court must hold a hearing within 72 hours of signing the OPC to determine if probable cause exists to continue the OPC in effect. Within 14 days of signing the OPC, the court must hold a hearing on the application for temporary mental health services.
16.22 of the Code of Criminal Procedure provides for a protocol when a person who has been arrested shows signs of mental illness or intellectual disability.
In psychiatric inpatient settings, even an involuntarily committed patient generally has a right to refuse recommended medications unless a legally permissible mechanism overrides the refusal. Disclosure means that a person requires certain information to make a rational decision to accept or reject treatment.
An individual who is a patient in an inpatient mental health facility also has the right to: receive visitors; communicate with a person outside the facility by telephone or mail; and. communicate by telephone or mail with legal counsel, the state agency, the courts, and the state attorney general.