Section 462.081 - Commitment By Courts in Criminal Proceedings; Alternative Sentencing(a) The judge of a court with jurisdiction of misdemeanor cases may remand the defendant to a treatment facility approved by the department to accept court commitments for care and treatment for not more than 90 days, instead of incarceration or fine, if:(1) the court or a jury has found the defendant guilty of an offense classified as a Class A or B misdemeanor;(2) the court finds that the offense resulted from or was related to the defendant's chemical dependency;(3) a treatment facility approved by the department is available to treat the defendant; and(4) the treatment facility agrees in writing to admit the defendant under this section.(b) A defendant who, in the opinion of the court, is a person with mental illness is not eligible for sentencing under this section.(c) The court's sentencing order is a final conviction, and the order may be appealed in the same manner as appeals are made from other judgments of that court.(d) A juvenile court may remand a child to a treatment facility for care and treatment for not more than 90 days after the date on which the child is remanded if: (1) the court finds that the child has engaged in delinquent conduct or conduct indicating a need for supervision and that the conduct resulted from or was related to the child's chemical dependency;(2) a treatment facility approved by the department to accept court commitments is available to treat the child; and(3) the facility agrees in writing to receive the child under this section.Tex. Health and Safety Code § 462.081
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.1178, eff. 4/2/2015.Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. 9/1/1991.