Government Code § 125.003

Sec. 125.003. PROGRAM. (a) A mental health court program established under Section 125.002: (1) may handle all issues arising under Articles 16.22 and 17.032, Code of Criminal Procedure, and Chapter 46B, Code of Criminal Procedure; and (2) must: (A) ensure a person eligible for the program is provided legal counsel before volunteering to proceed through the mental health court program and while participating in the program; (B) allow a person, if eligible for the program, to choose whether to proceed through the mental health court program or proceed through the regular criminal justice system; (C) allow a participant to withdraw from the mental health court program at any time before a trial on the merits has been initiated; (D) provide a participant with a court-ordered individualized treatment plan indicating the services that will be provided to the participant; and (E) ensure that the jurisdiction of the mental health court extends at least six months but does not extend beyond the probationary period for the offense charged if the probationary period is longer than six months. (b) The issues shall be handled by a magistrate, as designated by Article 2A.151, Code of Criminal Procedure, who is part of a mental health court program established under Section 125.002. Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 1130 (H.B. 2518), Sec. 2, eff. June 18, 2005. Transferred, redesignated and amended from Health and Safety Code, Chapter 616 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.06, eff. September 1, 2013. Amended by: Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.078, eff. January 1, 2025.