Tenn. Code Ann. § 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 are funds available within the limits of the department's line-item appropriation for services under this section for service to the person. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.

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

(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.