Texas § CR.14.035 - AUTHORITY TO RELEASE IN LIEU OF ARREST CERTAIN PERSONS WITH INTELLECTUAL OR DEVEL

§ CR.14.035. AUTHORITY TO RELEASE IN LIEU OF ARREST CERTAIN PERSONS WITH INTELLECTUAL OR DEVEL

AUTHORITY TO RELEASE IN LIEU OF ARREST CERTAIN PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) This article applies only to a person with an intellectual or developmental disability who resides at one of the following types of facilities operated under the home and community-based services waiver program in accordance with Section 1915(c) of the Social Security Act (42 U.S.C. Section 1396n): (1) a group home; or (2) an intermediate care facility for persons with an intellectual or developmental disability (ICF/IID) as defined by 40 T.A.C. Section 9.153. (b) In lieu of arresting a person described by Subsection (a), a peace officer may release the person at the person's residence if the officer: (1) believes confinement of the person in a correctional facility as defined by Section 1.07 , Penal Code, is unnecessary to protect the person and the other persons who reside at the residence; and (2) made reasonable efforts to consult with the staff at the person's residence and with the person regarding that decision. (c) A peace officer and the agency or political subdivision that employs the peace officer may not be held liable for damage to persons or property that results from the actions of a person released under Subsection (b). Added by Acts 2019, 86th Leg., R.S., Ch. 460 (H.B. 3540 ), Sec. 1, eff. September 1, 2019.