Tennessee § 33-5-402 - Procedure for commitment of person under this part.

§ 33-5-402. Procedure for commitment of person under this part.

IF AND ONLY IF a juvenile court determines in a delinquency proceeding, on the basis of an evaluation under § 37-1-128(c), that a child has an intellectual disability, OR a circuit, criminal, or general sessions court determines on the basis of an evaluation under § 33-7-301(a) that a criminal defendant is incompetent to stand trial due to an intellectual disability, OR a circuit or criminal court enters a verdict of not guilty by reason of insanity on a capital offense against a defendant with an intellectual disability, THEN the district attorney general may file a complaint to require involuntary care and treatment of the defendant under § 33-5-403, AND only the juvenile court that has jurisdiction of the child or the circuit or criminal court before which the defendant's criminal case is pending or that would hear the case if the defendant were bound over to the grand jury has jurisdiction to hear a complaint filed under § 33-5-403. 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. Collateral References. Jurisdiction of court to permit sterilization of mentally defective person in absence of specific statutory authority. 74 A.L.R.3d 1210. Propriety of transferring patient found not guilty by reason of insanity to less restrictive confinement. 43 A.L.R.5th 777. Right to counsel in insanity or incompetency adjudication proceedings. 87 A.L.R.2d 950.