33-5-409 - Release of mentally retarded offenders Delivery to custody of court. - Tennessee Statutes

33-5-409. Release of mentally retarded offenders Delivery to custody of court.

(a)  When the commissioner or the commissioner's designee determines that any person committed under § 33-5-403, no longer meets the standards under which the person was committed, the decision maker shall immediately order the person's release and cause the person to be discharged except as provided in subsection (b) or § 33-5-410.

(b)  When the commissioner or the commissioner's designee determines that a person who was committed under § 33-5-403 and who is charged with a crime for which the person is subject to being tried is restored to competence to stand trial, the decision maker shall give notice of that fact to the clerk of the court that ordered the person's commitment and deliver the person to the custody of the sheriff of the county from which the person was admitted, who shall transport the person back to the custody of the court.

[Acts 1981, ch. 224, § 11; T.C.A., §§ 33-524, 33-5-309; Acts 2000, ch. 947, § 1.]