(a) The chief officer, upon admission of the person, shall notify the judge of the general sessions court where the hospital or treatment resource is located, by telephone or in person, and shall provide the information from the certificates of need or the one (1) certificate of need executed pursuant to § 33-6-426(b) and such other information as the court may desire, that is in the possession of the hospital or treatment resource, bearing on the condition of the person. If the general sessions court finds that there is probable cause to believe that the defendant is subject to admission to a hospital or treatment resource under § 33-6-403, then the court may order the defendant admitted for not more than five (5) days from the date of the order, excluding Saturdays, Sundays, and holidays, for emergency diagnosis, evaluation, and treatment pending a probable cause hearing under § 33-6-422. If the court does not order the defendant admitted, then the defendant must be released.
Terms Used In Tennessee Code 33-6-413
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Chief officer: means the person with overall authority for a public or private hospital or treatment resource, or the person's designee. See Tennessee Code 33-1-101
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Hospital: means a public or private hospital or facility or part of a hospital or facility equipped to provide inpatient care and treatment for persons with mental illness or serious emotional disturbance. See Tennessee Code 33-1-101
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Treatment resource: means any public or private facility, service, or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses, and rehabilitation centers. See Tennessee Code 33-1-101
(b) The court shall cause a notice containing the information described in this subsection (b) to be mailed to the defendant, the defendant’s attorney, the chief officer of the hospital or treatment resource and the parent, legal guardian, conservator, spouse or adult next of kin of the defendant. The notice shall contain the following information:
(1) The time and place of the probable cause hearing;(2) The defendant’s rights, including, but not limited to, right to counsel, right to waive a hearing, right to confront and cross-examine witnesses, and right to be protected from compelled self-incrimination;(3) The status of the defendant if judicially committed, including, but not limited to:
(A) The person’s prohibition against purchasing a firearm under § 39-17-1316;(B) The person’s prohibition against obtaining a handgun carry permit under § 39-17-1351 or § 39-17-1366; and(C) The suspension or revocation of a handgun carry permit under § 39-17-1352 once judicially committed to a hospital or treatment resource pursuant to this title;(4) The person’s right to appeal the prohibition against purchasing a firearm pursuant to § 39-17-1316; and(5) The person’s right to appeal the denial of a handgun carry permit pursuant to §§ 39-17-1352, 39-17-1353, and 39-17-1354.
