CAUSE NO. «CAUSENO»
THE STATE OF TEXAS § IN THE «COURTNO» DISTRICT COURT
VS. § OF HARRIS COUNTY, TEXAS
«DEFENDANT» § «MONTH» TERM, A. D., «YEAR»
Members of the Jury:
This matter is submitted to you on Special Issues, which you will answer from the evidence you have heard in the trial.
The Court now gives you certain definitions and instructions by which you will be governed in arriving at your answers to the questions submitted to you.
"Mental retardation" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating during the developmental period.
"Mentally retarded person" means a person determined by a comprehensive diagnosis and evaluation to be of subaverage general intellectual functioning with deficits in adaptive behavior.
The term "Mental Hospital" means a hospital operated for the primary purpose of providing in-patient care and treatment for the mentally retarded. A hospital operated by an agency of the government and equipped to provide in-patient care and treatment for the mentally retarded.
You are instructed that under our law a person who is mentally retarded must meet certain criteria before he can be subjected to court-ordered mental health services. Those are: (1) because of retardation, represents a substantial risk of physical impairment or injury to himself or others or is unable to provide for and is not providing for his most basic physical needs; (2) cannot be adequately and appropriately habilitated in an available, less restrictive setting; and (3) the mental retardation facility provides habilitative services, care, training, and treatment appropriate for his needs.
The Burden of Proof is upon the Defense to prove each of the below listed Special Issues by Clear and Convincing Evidence.
By the term "Clear and Convincing Evidence" is meant proof, not beyond a reasonable doubt, but proof greater than a preponderance of the credible evidence. If you find that the Defense has proved a Special Issue by Clear and Convincing Evidence, you will answer that Special Issue "Yes"' otherwise you will answer that Special Issue "No".
After you retire you will select one of your members as your Foreman and it will be his or her duty to write your answers in the blanks which follow each Special Issue.
You are charged that your verdict must be unanimous. You will not, therefore, enter into an agreement to be bound by a majority, or any vote other than a unanimous vote of all jurors.
Now, bearing in mind the foregoing definitions and instructions, you will answer the following Special Issues.
SPECIAL ISSUE NO. 1
Do you find by Clear and Convincing Evidence that «DEFENDANT1» is a mentally retarded person?
Answer "Yes" or "No":
ANSWER:
SPECIAL ISSUE NO. 2
If you have found the answer to Special Issue No. 1 to be "Yes", do you find by Clear and Convincing Evidence that «DEFENDANT1» meets the criteria for Court-ordered mental health services in that he:
(1) because of retardation, represents a substantial risk of physical impairment or injury to himself or others or is unable to provide for and is not providing for his most basic physical needs; (2) cannot be adequately and appropriately habilitated in an available, less restrictive setting; and (3) the mental retardation facility provides habilitative services, care, training, and treatment appropriate for his needs.
Answer "Yes" or "No":
ANSWER:
When all issues have been answered, your Foreman will sign the certificate following your answers and return the same into Court as your verdict.
«JUDGE», Judge
«COURTNO1» District Court
Harris County, TEXAS
CERTIFICATE
We, the Jury, have answered the above and foregoing special issues as herein indicated, and herewith return the same into Court as our verdict.
Date Foreman of the Jury
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