Tenn. Code § 52-5-502

Current through Acts 2023-2024, ch. 1069
Section 52-5-502 - Felony defendant acquitted by reason of insanity

The court with criminal jurisdiction may order a person to participate in community-based services under a plan approved and developed by the department to avoid deterioration to the point where the person would be committable only if:

(1) The court finds on proof by clear and convincing evidence that a person with an intellectual disability:
(A) Is charged with a felony;
(B) Is acquitted of the charge on a verdict of not guilty by reason of insanity because of an intellectual disability at the time of the commission of the crime;
(C) Is not committable under § 52-5-404;
(D) Requires training or treatment because of the intellectual disability; and
(E) Is likely to meet the standards of § 52-5-404 without the training or treatment; and
(2) The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person.

T.C.A. § 52-5-502

Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.