§ 33-6-502 — Prerequisites to judicial commitment for involuntary care and treatment

(a) IF AND ONLY IF: (1) A person has a mental illness or serious emotional disturbance, AND (2) The person poses a substantial likelihood of serious harm because of the mental illness or serious emotional disturbance, AND (3) The person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND (4) All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person, THEN (5) The person may be judicially committed to involuntary care and treatment in a hospital or treatment resource in proceedings conducted in conformity with chapter 3, part 6 of this title. (b) (1) There is a rebuttable presumption that a person meets the standard in subsection (a) for judicial commitment if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness. (2) The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose a substantial likelihood of serious harm.

Legislative History

Amended by 2024 Tenn. Acts, ch. 784,s 14, eff. 7/1/2024. Acts 2000, ch. 947, § 1.