Judicial Options: Personal Bond Statutes and Defendants with Mental Illness or Mental Retardation

Abstract

The need for diverting defendants with mental illness or mental retardation away from the criminal justice system and into community-based treatment or habilitation programs has become a topic of interest for many stakeholders in the criminal justice system. Yet few are aware that Texas was one of the first states to adopt statutes aimed at encouraging diversion for defendants who have committed non-violent offenses. This monograph - the third in a series on mental health and mental retardation and the Texas justice system - reviews these key statutes. It discusses the Texas Code of Criminal Procedure articles mandating courts order further examination of defendants when there is reason to believe they have a mental illness or mental retardation. Also discussed are personal bonding procedures-and how they apply in these cases.