Tennessee § 52-5-502 Felony defendant acquitted by reason of insanity

Tennessee Statutes

§ 52-5-502 — Felony defendant acquitted by reason of insanity

The court with criminal jurisdiction may order a 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 only if:

(1)The court finds on proof by clear and convincing evidence that a person with an intellectual disability:

(A)Is charged with a felony;

(B)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;

(C)Is not committable under § 52-5-404 ;

(D)Requires training or treatment because of the intellectual disability; and (E) Is likely to meet the standards of § 52-5-404 without the training or treatment; and (2) The department certifies to the court that there

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The court with criminal jurisdiction may order a 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 only if: (1) The court finds on proof by clear and convincing evidence that a person with an intellectual disability: (A) Is charged with a felony; (B) 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; (C) Is not committable under § 52-5-404 ; (D) Requires training or treatment because of the intellectual disability; and (E) Is likely to meet the standards of § 52-5-404 without the training or treatment; and (2) 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.

Tennessee § 52-5-502 (Felony defendant acquitted by reason of insanity) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.