This bill amends the Code of Criminal Procedure by revising Article 657 and enacting Article 657.3, which addresses the continued commitment and release of certain individuals who have been committed due to mental health issues. The amendments to Article 657 clarify the process for determining whether a committed person can be discharged or released on probation, shifting the burden of proof to the state to demonstrate that the individual remains mentally ill and dangerous. The bill also introduces a new provision in Article 657.3 that allows for the active supervised release of individuals who have been found not guilty by reason of insanity for serious offenses, even if they do not currently have a mental illness.
Under the new Article 657.3, the state can seek active supervised release for committed persons deemed dangerous, provided they meet specific criteria, including having been found not guilty by reason of insanity for serious crimes. The court is required to consider reports before ordering active supervised release, which can last up to three years and may be extended if the individual continues to meet the criteria. The bill also defines "mental illness" and establishes procedures for the release and potential violation of conditions, ensuring that the rights of committed individuals are balanced with public safety concerns.