33-6-610 - Hearing to determine compliance Findings Order to comply Recommitment upon failure or inability to comply. - Tennessee Statutes

33-6-610. Hearing to determine compliance Findings Order to comply Recommitment upon failure or inability to comply.

(a)  If the person appears in person before the court, the court shall hold a hearing to determine whether the person is required to be participating in outpatient treatment and is, without good cause, not complying with the treatment plan.

(b)  The court shall release the person, if the court determines that:

     (1)  The person is complying with the treatment plan; or

     (2)  The person is out of compliance for good cause and will be restored to compliance without further action.

(c)  If the court determines that the person is out of compliance with the treatment plan without good cause and that the person can be put immediately in compliance with the treatment plan and can be expected to stay in compliance without further hospitalization, the court shall make written findings of fact and conclusions of law on the issues, order the person to comply immediately with the treatment plan, and dismiss the proceedings upon a showing that the person is in compliance.

(d)  (1)  The court shall make written findings of fact and conclusions of law on the issues and order the person re-committed to the hospital from which the person was released, if the court determines that the person is out of compliance with the treatment plan without good cause and that:

          (A)  The person cannot be put in compliance with the treatment plan immediately; or

          (B)  The person cannot be expected to stay in compliance without further hospitalization.

     (2)  The sheriff shall immediately transport the person as ordered, and the hospital shall admit the person and give notice of the recommitment to the person's attorney, legal guardian, legal custodian, conservator, and spouse or nearest adult relative, to the qualified mental health professional, to the committing court, and, if the discharge was under § 33-6-708, to the district attorney general in the committing jurisdiction.

[Acts 1984, ch. 922, § 29; 1988, ch. 862, § 4; 1996, ch. 1079, § 64; T.C.A., § 33-6-203; Acts 2000, ch. 947, § 1.]