33-5-402 - Procedure for commitment of person under this part. - Tennessee Statutes

33-5-402. Procedure for commitment of person under this part.

IF AND ONLY IF

     (1)  (A)  a juvenile court determines in a delinquency proceeding, on the basis of an evaluation under § 37-1-128(c), that a child has mental retardation, OR

          (B)  a circuit, criminal, or general sessions court determines on the basis of an evaluation under § 33-7-301(a) that a criminal defendant is incompetent to stand trial due to mental retardation, OR

          (C)  a circuit or criminal court enters a verdict of not guilty by reason of insanity on a capital offense against a defendant with mental retardation,

THEN

     (2)  the district attorney general may file a complaint to require involuntary care and treatment of the defendant under § 33-5-403, AND

     (3)  only the juvenile court that has jurisdiction of the child or the circuit or criminal court before which the defendant's criminal case is pending or that would hear the case if the defendant were bound over to the grand jury has jurisdiction to hear a complaint filed under § 33-5-403.

[Acts 2000, ch. 947, § 1.]