Texas Attorney General Opinion: JM-360 Page: 3 of 9
9 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Mr. Robert 0. Viterns - Page 3 (JM-360)
47, at 211. It ts among the Mental Bealth Code provisions amended in
1985 by Bouse Bill No. 1256. Acts 1985, 69th Leg., ch. 70, at 281.
Articles 5547-26 through 5547-30, V.T.C.S., provide for the
emergency detention of a person believed to be mentally ill. Article
5547-26 (a) provides as follaols:
Any peace offi4:er, who has reason to believe
and does believe upon the representation of a
credible person, or upon the basis of the conduct
of a person, or the circumstances under which the
person is found, that the person is mentally ill
and because of su:h mental illness represents a
substantial risk :f serious harm to himself or
others unless tmediastely restrained, which harm
may be demonstrated either by the person's
behavior or by rvideuce of severe emotional
distress and deterioration in his mental condition
to the extent that the person cannot resin at
liberty, and who believes there is not sufficient
time to obtain a varrant, say, without first
obtaining a warrant, take such person into custody
and immediately transport the person to the
nearest appropria te in-patient mental health
facility and shall immediately file application
with the facility for the person's detention. If
there is no appo Siate ti-patient mental health
facility available_ the person shall be trans-
ported to a facility deemed suitable by the mental
health authority Tr that count . In no case
shall a jail or similar detention facility1 be
deemed suitable a scept in an extreme emergency.
Persons detained i a jail or other onaedical
facility shall be kept separate from those persons
charged with or corrected of a .crie. (Emphasis
added).
V.T.C.S. art. 5547-26(a). A "mental health authority" is the agency
designated by the commissicner of the Texas Department of Mental
Health and Mental Retardation to direct, operate, facilitate and/or
coordinate services in the various service areas of the state.
Article 5547-26(c), V.T.C.S., requires a physician to examine the
person within 24 hours of a Plrehension. Unless the physician makes
the written statement required by article 5547-27 that emergency
detention is necessary, the person must be released. A person
apprehended under article 55,h-26, asy be detained no longer than 24
hours after he is presented to the facility unless he is taken into
custody after noon on Frid rt or on a Saturday. Sunday or legalI0. 1647
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-360, text, October 18, 1985; (https://texashistory.unt.edu/ark:/67531/metapth272800/m1/3/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.