Tennessee § 33-3-501 - Patient or resident not released during pendency of proceedings — Exceptions.

§ 33-3-501. Patient or resident not released during pendency of proceedings — Exceptions.

Notwithstanding any other provisions of this title, no person with mental illness, serious emotional disturbance, or developmental disability with respect to whom proceedings for hospitalization or admission under a court order have been commenced, shall be released or discharged during the pendency of the proceedings, unless ordered by the court upon application of the person with mental illness, serious emotional disturbance, or developmental disability or of the parent, legal guardian, legal custodian, conservator, spouse or adult next of kin of the person, or upon the report of the chief officer that the person with mental illness, serious emotional disturbance, or developmental disability may be discharged with safety. This provision does not limit the duties to release persons with mental illness, serious emotional disturbance, or developmental disability imposed by §§ 33-5-302, 33-5-303, and 33-6-207, and chapter 6, parts 3, 4, and 8 of this title. Acts 1965, ch. 38, § 7; 1974, ch. 802, § 23; 1978, ch. 533, § 5; 1983, ch. 323, § 12; T.C.A., § 33-310; Acts 1985, ch. 437, § 11; 1996, ch. 1079, § 52; 2000, ch. 947, § 1. Compiler's Notes. Former chapter 3, §§ 33-3-101 — 33-3-112 , 33-3-201 — 33-3-203 , 33-3-301 — 33-3-303 , 33-3-401 — 33-3-412 , 33-3-501 — 504, 33-3-601 — 33-3-603 , 33-3-605 — 33-3-19 , 33-3-623 , 33-3-701 — 33-3-711 , 33-3-801 , 33-3-901 — 33-3-908 (Acts 1955, ch. 187, § 1; 1965, ch. 38, §§ 4-7, 16-19, 23-26; 1974, ch. 802, §§ 17-20, 22-25, 29-32; 1975, ch. 248, §§ 1, 5-7, 11; 1976, ch. 489, §§ 1, 2; 1976, ch. 763, §§ 1, 2, 10; 1977, ch. 482, § 11; 1978, ch. 533, §§ 3-5; 1978, ch. 533, § 7; 1978, ch. 877, §§ 1, 2; 1979, ch. 366, § 15; 1980, ch. 838, § 5; 1983, ch. 323, § 4-7, 9, 12, 15, 16; T.C.A. §§ 33-303 — 33-307, 33-309 — 33-312, 33-317 — 33-320, 33-330 — 33-337, 33-345 — 33-347, 33-355, 33-360 — 33-362, 33-364 — 33-378, 33-382, 33-610, 33-1101; Acts 1984, ch. 922, §§ 2-5, 7, 16-23, 34; 1984, ch. 986, §§ 1, 2; 1985, ch. 437, §§ 6-13, 33; 1986, ch. 570, §§ 2-4; 1986, ch. 836, § 3, 5; 1987, ch. 143, §§ 2, 3, 7; 1988, ch. 828, § 1; 1989, ch. 278, §§ 30-33; 1989, ch. 513, §§ 2, 5-13; 1989, ch. 591, §§ 29-31, 113; 1992, ch. 991, § 13; 1993, ch. 66, § 44; 1993, ch. 439, § 1; 1993, ch. 356, § 4; 1994, ch. 630, §§ 1, 2; 1994, ch. 743, § 1; 1995, ch. 320, § 1; 1995, ch. 411, § 1; 1996, ch. 669, § 1; 1996, ch. 675, § 15; 1996, ch. 1079, §§ 31-47, 49-56; 2000, ch. 947, § 6); § 33-3-304 (Acts 1974, ch. 464, § 1; 1975, ch. 248, § 20; T.C.A., § 33-702), which was previously repealed by Acts 1984, ch. 922, § 33; § 33-3-604 (Acts 1983, ch. 323, § 9; T.C.A., § 33-363), which was repealed by Acts 1984, ch. 922, § 33; § 33-3-620 , which was previously transferred to § 33-6-104(e) and (f) in 1984; § 33-3-621 , which was previously transferred to § 33-6-104(g) in 1984; and § 33-3-622 , which was previously transferred to § 33-6-104(h) in 1984, is deleted and replaced in the revision of title 33 by Acts 2000, ch. 947, § 1, effective March 1, 2001. Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mental Illness, Intellectual Disabilities, and Other Incapacities, § 3. Collateral References. Liability of one releasing institutionalized mental patient for harm he causes. 38 A.L.R.3d 699.