33-5-408 - Periodic evaluations. - Tennessee Statutes

33-5-408. Periodic evaluations.

(a)  The commissioner shall cause each person committed under § 33-5-403 or transferred under § 33-3-301 or chapter 3, part 4, of this title, to be evaluated as often as necessary but not less often than every six (6) months.

(b)  The commissioner or the commissioner's designee shall report the details of the findings of the evaluation performed under subsection (a) regarding persons with mental retardation committed under § 33-5-403. The report shall include an assessment of the person's present condition and prospects for restoration to competence to stand trial, and shall be sent to the clerk of the court that ordered commitment, the person, the person's attorney, parents, spouse, legal guardian or conservator, if any, and the district attorney general.

(c)  If, upon completion of the evaluation under subsection (a), the commissioner or the commissioner's designee determines that a person with mental retardation transferred under § 33-3-301, no longer meets the standards under which the person was admitted, the person shall be immediately discharged or transferred to the facility from which the person was transferred or to another appropriate facility of the department under § 33-3-301.

[Acts 1981, ch. 224, § 10; T.C.A., § 33-523; Acts 1984, ch. 922, § 10; T.C.A., § 33-5-308; Acts 2000, ch. 947, § 1.]