2018 Racial Profiling Report 2018 Racial Profiling Report | Page 36

disability [ mental retardation ] authority and with the consent of the head of the facility . If a defendant who has been ordered to a facility operated by the Department of State Health Services or the Health and Human Services Commission [ Department of Aging and Disability Services ] for examination remains in the facility for a period exceeding 21 days , the head of that facility shall cause the defendant to be immediately transported to the committing court and placed in the custody of the sheriff of the county in which the committing court is located . That county shall reimburse the facility for the mileage and per diem expenses of the personnel required to transport the defendant calculated in accordance with the state travel regulations in effect at the time .
( b ) A written assessment of the information collected under Subsection ( a )( 1 )( A ) shall be provided to the magistrate not later than the 30th day after the date of any order issued under Subsection ( a ) in a felony case and not later than the 10th day after the date of any order issued under that subsection in a misdemeanor case , and the magistrate shall provide copies of the written assessment to the defense counsel , the prosecuting attorney , and the trial court . The written assessment must include a description of the procedures used in the collection of information under Subsection ( a )( 1 )( A ) and the applicable expert ' s observations and findings pertaining to :
( 1 ) whether the defendant is a person who has a mental illness or is a person with an intellectual disability [ mental retardation ];
( 2 ) whether there is clinical evidence to support a belief that the defendant may be incompetent to stand trial and should undergo a complete competency examination under Subchapter B , Chapter 46B ; and
( 3 ) recommended treatment . ( c ) After the trial court receives the applicable expert ' s