IF AND ONLY IF

(1) a court with criminal jurisdiction finds on proof by clear and convincing evidence that a person with an intellectual disability:

Terms Used In Tennessee Code 33-5-502

  • 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.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Verdict: The decision of a petit jury or a judge.
(A) is charged with a felony,
(B) is acquitted of the charge on a verdict of not guilty by reason of insanity because of an intellectual disability at the time of the commission of the crime,
(C) is not committable under § 33-5-403,
(D) requires training or treatment because of the intellectual disability, AND
(E) is likely to meet the standards of § 33-5-403 without the training or treatment, AND
(2) 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

(3) the court may order the person to participate in community-based services under a plan approved and developed by the department to avoid deterioration to the point where the person would be committable.
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