16-10-213 - Information to be collected and reported to the federal bureau of investigation-NICS index and the department of safety by those circuit courts and criminal courts in which commitments to - Tennessee Statutes

16-10-213. Information to be collected and reported to the federal bureau of investigation-NICS index and the department of safety by those circuit courts and criminal courts in which commitments to a mental institution are ordered. [Effective January 1, 2010.]

(a)  As used in this section:

     (1)  “Adjudication as a mental defective or adjudicated as a mental defective” means:

          (A)  A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease:

                (i)  Is a danger to such person or to others; or

                (ii)  Lacks the ability to contract or manage such person's own affairs due to mental defect;

          (B)  A finding of insanity by a court in a criminal proceeding; or

          (C)  A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice, codified in 10 U.S.C. §§ 850a, 876b;

     (2)  “Judicial commitment to a mental institution” means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7;

     (3)  “Mental institution” means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital; and

     (4)  “Treatment resource” means any public or private facility, service or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers.

(b)  Those circuit courts and criminal courts wherein commitments to a mental institution are ordered pursuant to title 33, chapter 6 or 7 or persons are adjudicated as a mental defective shall enter a standing and continuing order instructing the clerk to collect and report January 1, April 1, July 1, and October 1 of every year beginning January 1, 2010, information described in subsection (c) regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution for the purposes of complying with the NICS Improvement Amendments Act of 2007, P.L. 110-180.

(c)  The following information shall be collected and reported to the federal bureau of investigation-NICS Index and the department of safety, pursuant to subsection (b):

     (1)  Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise;

     (2)  Case or docket number of the judicial commitment or the adjudication as a mental defective;

     (3)  Date judicial commitment ordered or adjudication as a mental defective was made;

     (4)  Private or state hospital or treatment resource to which the individual was judicially committed; and

     (5)  Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk.

(d)  The information in subdivisions (c)(1)-(5), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316, 39-17-1353 and 39-17-1354.

[Acts 2009, ch. 578, § 1.]