§ 33-6-424. Release of Defendant if Chief Officer Determines Certificates of Need Not Supported by Facts
If the chief officer determines that the defendant’s condition does not support the filing of the certificates required by § 33-6-422, the chief officer shall release the defendant. The chief officer shall release the defendant five (5) days, excluding Saturdays, Sundays, and holidays, from the date of the general sessions court’s original order to hold […]
§ 33-6-425. Detention Not to Be at Jail or Other Criminal Custodial Facility Unless Defendant Under Arrest for Crime
No defendant shall be detained at a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses, unless the defendant is under arrest for the commission of a crime.
§ 33-6-426. Certification by Physician Required
If a person who is not a licensed physician executes the first certificate of need in support of hospitalization under this part, then only a licensed physician may execute the second certificate of need in support of hospitalization under this part.
§ 33-6-427. Authority of Licensed Psychologist or Other Mental Health Professional
If a person is a licensed psychologist designated as a health service provider by the board of healing arts and is actively practicing as such, the person may take any action authorized and perform any duty imposed on a physician by §§ 33-6-401 — 33-6-406. The commissioner may designate a person to take any action […]
§ 33-6-501. “Substantial Likelihood of Serious Harm” Defined
IF AND ONLY IF a person has threatened or attempted suicide or to inflict serious bodily harm on the person, OR the person has threatened or attempted homicide or other violent behavior, OR the person has placed others in reasonable fear of violent behavior and serious physical harm to them, OR the person is unable […]
§ 33-6-502. Prerequisites to Judicial Commitment for Involuntary Care and Treatment
IF AND ONLY IF a person has a mental illness or serious emotional disturbance, AND the person poses a substantial likelihood of serious harm because of the mental illness or serious emotional disturbance, AND the person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND all available less drastic […]
§ 33-6-503. Two (2) Certificates of Need Required — Defendants Under Sixteen (16) Years of Age
No defendant may be judicially committed under this part, unless two (2) licensed physicians, or one (1) licensed physician and one (1) licensed psychologist qualified as provided in § 33-6-427(a), file in the commitment proceeding certificates of need for care and treatment certifying that the defendant satisfies the requirements of § 33-6-502(1)-(4) and showing the […]
§ 33-6-504. Persons Who May File Complaint for Commitment Under This Part
The parent, legal guardian, legal custodian, conservator, spouse, or a responsible relative of the person alleged to be in need of care and treatment, a licensed physician, a licensed psychologist who meets the requirements of § 33-6-427(a), a health or public welfare officer, an officer authorized to make arrests in the state, or the chief […]
§ 33-6-505. Commitment to State Facility
If the court commits a person under this section, the person comes into the commissioner’s custody only if the state-owned or operated facility or treatment resource has available suitable accommodations; provided, that, if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated […]
§ 33-6-421. Filing of Certificates of Need
The chief officer shall file with the court, by the time of the probable cause hearing, certificates of need for care and treatment from two (2) licensed physicians or one (1) licensed physician and a psychologist qualified under § 33-6-427(a), certifying that the defendant satisfies the requirements of § 33-6-502(1)-(4), and that if involuntary treatment […]