Tennessee § 33-7-401 Mandatory community-based services for felony defendant incompetent to stand trial but not committable

Tennessee Statutes

§ 33-7-401 — Mandatory community-based services for felony defendant incompetent to stand trial but not committable

Tennessee § 33-7-401

Title33

This text of Tennessee § 33-7-401 (Mandatory community-based services for felony defendant incompetent to stand trial but not committable) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 33-7-401 (2026).

Text

IF AND ONLY IF:

(1)A court with criminal jurisdiction holds a hearing to commit an adult with mental illness under § 33-7-301 , AND (2) The court finds on proof by clear and convincing evidence that the person is:

(A)Charged with a felony, (B) Incompetent to stand trial, (C) Not committable under § 33-6-502 , AND (D) At risk of becoming committable, AND (3) 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 (4) The court shall order the person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable.

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IF AND ONLY IF: (1) A court with criminal jurisdiction holds a hearing to commit an adult with mental illness under § 33-7-301 , AND (2) The court finds on proof by clear and convincing evidence that the person is: (A) Charged with a felony, (B) Incompetent to stand trial, (C) Not committable under § 33-6-502 , AND (D) At risk of becoming committable, AND (3) 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 (4) The court shall order the person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable.