(a) Whenever an intellectual disability facility determines that a person, who has been committed under § 33-5-403 by a criminal court in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense, no longer meets the commitment standards under which the person was committed, it shall follow the procedures set out in this section to effect the person’s release from involuntary commitment.
Terms Used In Tennessee Code 33-5-410
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.
Capital offense: A crime punishable by death.
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
Department: means the department of mental health and substance abuse services. See Tennessee Code 33-1-101
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Verdict: The decision of a petit jury or a judge.
(b) When the intellectual disability facility determines that the person no longer meets the commitment criteria under which the person was committed, it shall notify the committing court of this fact and the reasons. The determination by the department shall create a rebuttable presumption of its correctness. The court may, within ten (10) business days, holidays excluded, of receipt of the notice, set a hearing to be held within twenty-one (21) business days, holidays excluded, of receipt of the facility’s notice on whether the person continues to meet the commitment criteria under which the person was committed. The court shall send notice of the hearing to the following: the person, chief officer of the facility, the person’s counsel, the person’s next of kin, and the district attorney general.(c) If the court does not set a hearing and notify the facility within fifteen (15) business days, holidays excluded, of its receipt of the facility’s notice, the facility shall release the person from involuntary commitment.(d) The hearing to determine whether the person continues to meet the commitment criteria under which the person was committed shall be held within twenty-one (21) business days, holidays excluded, of the court’s receipt of notice from the facility. The person shall attend the hearing unless the person’s presence is waived in writing by counsel before the hearing. If the person does not have counsel, the court shall appoint counsel to represent the person.(e) Following the hearing, if the court finds by clear, unequivocal, and convincing evidence that the person meets the standards of § 33-5-403, it shall order the person’s return to the intellectual disability facility under the authority of the person’s commitment. Otherwise, it shall order the person’s release from commitment.(f) Either party may appeal a final adjudication under this section to the court of criminal appeals.
