Sec. 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.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1178, eff. April 2, 2015.