SECTION 415.312. Transferring an Individual from the MSU/SAU

(a) An individual committed to the MSU/SAU pursuant to the Texas Code of Criminal Procedure, Article 46B or 46C, who has been determined not manifestly dangerous by the DSHS Dangerousness Review Board or the commissioner at the initial hearing (described in §415.310(1)(A)(i) of this title (relating to Procedures and Requirements Specific to the DSHS Dangerousness Review Board)) must be transferred from the MSU/SAU within 60 days following his/her arrival at the MSU/SAU.

(b) In addition to the timeframe for transfer described in subsection (a) of this section, an individual must be transferred from the MSU/SAU within 14 days after being determined not manifestly dangerous by the DSHS Dangerousness Review Board or the commissioner.

(c) As soon as possible after an individual has been determined not manifestly dangerous by the DSHS Dangerousness Review Board or the commissioner, the MSU/SAU staff will notify the committing court of the pending transfer.

(d) Prior to the individual's transfer from the MSU/SAU, the MSU/SAU CEO will ensure that the hearing documentation described in §415.310(4)(A) of this title (relating to Procedures and Requirements Specific to the DSHS Dangerousness Review Board) becomes a part of the individual's medical record.

(e) The MSU/SAU is responsible for the individual's transportation from the MSU/SAU to the receiving facility.

(f) Upon completion of the transfer, the receiving facility must contact the committing court to establish communication between the receiving facility and the court (e.g., inform court of new contact concerning the individual).

(g) The receiving facility CEO may not convene the facility review board to conduct a hearing to determine whether the individual is manifestly dangerous unless the CEO has reason to believe that there has been sufficient change in the individual's condition to indicate that the individual may be manifestly dangerous.

(h) A continuing care plan for an individual who has received treatment at the MSU/SAU must include an assessment of risk for manifest dangerousness.

Source Note: The provisions of this §415.312 adopted to be effective July 17, 2002, 27 TexReg 6297; amended to be effective July 19, 2011, 36 TexReg 4567