Tennessee Code 33-3-801 – Right to file for writ of habeas corpus
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Terms Used In Tennessee Code 33-3-801
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Mental illness: means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include intellectual disability or other developmental disabilities as defined in title 52. See Tennessee Code 33-1-101
- Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
- Serious emotional disturbance: means a condition in a child who currently or at any time during the past year has had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet psychiatric diagnostic criteria that results in functional impairment that substantially interferes with or limits the child's role or functioning in family, school, or community activities and includes any mental disorder, regardless of whether it is of biological etiology. See Tennessee Code 33-1-101
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Any person with mental illness or serious emotional disturbance in a public or private residential facility for persons with mental illness, serious emotional disturbance, or developmental disability is entitled to file for a writ of habeas corpus upon petition by the person with mental illness or serious emotional disturbance or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person with mental illness or serious emotional disturbance is detained.