Tenn. Code Ann. § 52-5-503: Capital defendant

The court with criminal jurisdiction may order the person to participate in community-based services under a plan approved and developed by the department to prevent the person's 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) Has been committed under § 52-5-404 in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense; (B) No longer meets the standards under which the person was committed; and (C) Has a condition that requires training or treatment without which the person would again meet commitment standards; 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 the person to participate in community-based services under a plan approved and developed by the department to prevent the person's 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) Has been committed under § 52-5-404 in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense; (B) No longer meets the standards under which the person was committed; and (C) Has a condition that requires training or treatment without which the person would again meet commitment standards; and

(A) Has been committed under § 52-5-404 in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense;

(B) No longer meets the standards under which the person was committed; and

(C) Has a condition that requires training or treatment without which the person would again meet commitment standards; 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.