33-5-502 - Mandatory community-based services for felony defendant found not guilty due to insanity based on mental retardation. - Tennessee Statutes

33-5-502. Mandatory community-based services for felony defendant found not guilty due to insanity based on mental retardation.

IF AND ONLY IF

     (1)  a court with criminal jurisdiction finds on proof by clear and convincing evidence that a person with mental retardation:

          (A)  is charged with a felony,

          (B)  is acquitted of the charge on a verdict of not guilty by reason of insanity because of mental retardation 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 mental retardation, 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.

[Acts 2000, ch. 947, § 1.]