Tennessee § 33-5-403 - Prerequisites to involuntary commitment.

§ 33-5-403. Prerequisites to involuntary commitment.

IF AND ONLY IF a person has an intellectual disability, AND the person poses a substantial likelihood of serious harm under § 33-6-501 because of the intellectual disability, AND the person needs care, training, or treatment because of the intellectual disability, AND all available less drastic alternatives to judicial commitment are unsuitable to meet the needs of the person, AND the district attorney general files a complaint to require involuntary care and treatment under § 33-5-402, THEN the person may be judicially committed to involuntary care and treatment in the custody of the commissioner in proceedings conducted in conformity with chapter 3, part 6 of this title. Acts 2000, ch. 947, § 1; 2010, ch. 734, § 1. Compiler's Notes. For the Preamble to the act regarding changing the term “mental retardation” to “intellectual disability”, please refer to Acts 2010, ch. 734. Acts 2010, ch. 734, § 1 provided that the Tennessee code commission is directed to change all references to “mental retardation”, wherever such references appear in titles 33, 39 and 41, to “intellectual disability”, as supplements are issued and volumes are replaced. Acts 2010, ch. 734, § 7 provided that for purposes of each provision amended by the act, a reference to intellectual disability shall be considered to refer to mental retardation, as defined by that provision on the day before the date of enactment of the act. Acts 2010, ch. 734, § 8 provided that nothing in the act shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of the act. Attorney General Opinions. Constitutionality of involuntary commitment criteria deletion, OAG 85-082, 1985 Tenn. AG LEXIS 212 (3/18/85).