IF AND ONLY IF

(1) a court with criminal jurisdiction holds a hearing to commit an adult with mental illness under § 33-7-301, AND

Terms Used In Tennessee Code 33-7-401

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) the court finds on proof by clear and convincing evidence that the person is:

(A) charged with a felony,
(B) incompetent to stand trial,
(C) not committable under § 33-6-502, AND
(D) at risk of becoming committable, AND
(3) 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,

THEN

(4) the court may order the person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable.
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