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Tex. Health & Safety Code § 841.102

BIENNIAL REVIEW

Applied in 13 court decisions — leading case In Re Commitment of Fisher (2005)

Most recently applied in in Re: The Commitment of Maurice Bluitt (September 2018)

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff

How often courts cite this section

20022010201820
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Not later than the 60th day after the date of receipt of the report submitted under Section 841.101, the judge shall conduct a biennial review of the status of the committed person and issue an order concluding the review or setting a hearing under Subsection (c).

(b) The person is entitled to be represented by counsel at the biennial review, but the person is not entitled to be present at that review.

(c) The judge shall set a hearing if the judge determines by a preponderance of the evidence at the biennial review that:

(1) a requirement imposed on the person under this chapter should be modified; or

(2) the person's behavioral abnormality has changed to the extent that the person is no longer likely to engage in a predatory act of sexual violence.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.