Tennessee Code 41-21-223 – Complaint for judicial commitment of person scheduled for release to hospital or treatment resource – Stay of release pending completion of hearing
Terms Used In Tennessee Code 41-21-223
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
If the commissioner of correction determines from an examination that a person who is in the custody of the department of correction has a mental illness or serious emotional disturbance and because of the mental illness or serious emotional disturbance poses a substantial likelihood of serious harm, as defined in § 33-6-501, then the commissioner shall, no less than thirty (30) days before the person’s scheduled release from a correctional facility, file a complaint with the clerk of the court that has jurisdiction under § 33-3-603 for the judicial commitment of the person to a hospital or treatment resource pursuant to title 33, chapter 6, part 5. The clerk shall serve to the person a copy of the complaint pursuant to § 33-3-605, and shall send a copy of the complaint to the district attorney general with jurisdiction in that district. A complaint filed under this section stays the release of the person pending completion of a hearing pursuant to title 33, chapter 3, part 6.