Tennessee § 33-5-502 - Mandatory community-based services for felony defendant found not guilty due to insanity based on an intellectual disability.

§ 33-5-502. Mandatory community-based services for felony defendant found not guilty due to insanity based on an intellectual disability.

IF AND ONLY IF a court with criminal jurisdiction finds on proof by clear and convincing evidence that a person with an intellectual disability: is charged with a felony, is acquitted of the charge on a verdict of not guilty by reason of insanity because of an intellectual disability at the time of the commission of the crime, is not committable under § 33-5-403, requires training or treatment because of the intellectual disability, AND is likely to meet the standards of § 33-5-403 without the training or treatment, AND the department certifies to the court that there are funds available within the limits of the department's line item appropriation for services under this section for service to the person, THEN the court may order the person to participate in community-based services under a plan approved and developed by the department to avoid deterioration to the point where the person would be committable. Acts 2000, ch. 947, § 1; 2010, ch. 734, § 1. Compiler's Notes. Former chapter 5, §§ 33-5-101 , 33-5-105 , 33-5-201 , 33-5-301 — 33-5-303 , 33-5-305 — 33-5-310 , 33-5-401 — 33-5-412 (Acts 1971, ch. 289, § 1; 1975, ch. 248, § 13; 1976, ch. 763, § 4; 1976, ch. 764, § 3; 1978, ch. 527, § 3; 1978, ch. 667, § 2; 1980, ch. 822, § 1; 1981, ch. 224, §§ 5, 6, 10; 1982, ch. 862, § 2; 1983, ch. 323, § 10; T.C.A., §§ 33-313, 33-501, 33-505 — 33-507, 33-510, 33-515, 33-516, 33-523, 33-524, 33-1601; Acts 1984, ch. 922, §§ 6, 8-11; 1988, ch. 828, § 2; 1989, ch. 504, § 1; 1992, ch. 981, §§ 2-13, 15; 1992, ch. 991, § 14; 1993, ch. 283, § 1; 1994, ch. 683, § 1; 1995, ch. 468, § 1; 2000, ch. 947, § 6); § 33-5-102 (Acts 1975, ch. 248, § 13; T.C.A. § 33-502), which was repealed by Acts 1993, ch. 283, § 2; § 33-5-103 (Acts 1975, ch. 248, § 13; T.C.A. § 33-503), which was repealed by Acts 1993, ch. 283, § 2; § 33-5-104 (Acts 1975, ch. 248, § 13; 1976, ch. 763, § 3; 1978, ch. 527, § 1; T.C.A. § 33-504), which was repealed by Acts 1993, ch. 283, § 2; and § 33-5-304 (Acts 1975, ch. 248, § 13; 1978, ch. 527, § 2; 1978, ch. 667, § 1; 1981, ch. 224, § 8; T.C.A., § 33-508), which was repealed by Acts 1984, ch. 922, § 33, is deleted and replaced in the revision of title 33 by Acts 2000, ch. 947, § 1, effective March 1, 2001. In order to effectuate the purposes of this section, funds were appropriated in Acts 2000, ch. 994. Funding was provided in Acts 2000, ch. 994. 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.