Tennessee § 33-5-410 - Discharge proceedings for criminal defendant involuntarily committed to an intellectual disability facility.

§ 33-5-410. Discharge proceedings for criminal defendant involuntarily committed to an intellectual disability facility.

Whenever an intellectual disability facility determines that a person, who has been committed under § 33-5-403 by a criminal court in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense, no longer meets the commitment standards under which the person was committed, it shall follow the procedures set out in this section to effect the person's release from involuntary commitment. When the intellectual disability facility determines that the person no longer meets the commitment criteria under which the person was committed, it shall notify the committing court of this fact and the reasons. The determination by the department shall create a rebuttable presumption of its correctness. The court may, within ten (10) business days, holidays excluded, of receipt of the notice, set a hearing to be held within twenty-one (21) business days, holidays excluded, of receipt of the facility's notice on whether the person continues to meet the commitment criteria under which the person was committed. The court shall send notice of the hearing to the following: the person, chief officer of the facility, the person's counsel, the person's next of kin, and the district attorney general. If the court does not set a hearing and notify the facility within fifteen (15) business days, holidays excluded, of its receipt of the facility's notice, the facility shall release the person from involuntary commitment. The hearing to determine whether the person continues to meet the commitment criteria under which the person was committed shall be held within twenty-one (21) business days, holidays excluded, of the court's receipt of notice from the facility. The person shall attend the hearing unless the person's presence is waived in writing by counsel before the hearing. If the person does not have counsel, the court shall appoint counsel to represent the person. Following the hearing, if the court finds by clear, unequivocal, and convincing evidence that the person meets the standards of § 33-5-403, it shall order the person's return to the intellectual disability facility under the authority of the person's commitment. Otherwise, it shall order the person's release from commitment. Either party may appeal a final adjudication under this section to the court of criminal appeals. Acts 1980, ch. 822, § 1; 1982, ch. 862, § 2; T.C.A., § 33-313; Acts 1984, ch. 922, § 6; T.C.A., § 33-5-310 ; Acts 2000, ch. 947, § 1; 2010, ch. 714, § 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. Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mental Illness, Intellectual Disabilities, and Other Incapacities, § 5. Collateral References. Propriety of transferring patient found not guilty by reason of insanity to less restrictive confinement. 43 A.L.R.5th 777.