§ 33-6-423. Release of Defendant if Findings Not Made by Court
The court shall order the release of the defendant from the hospital or treatment resource and terminate the proceedings under this part, if the court does not find both that: There is probable cause to believe that the defendant is subject to care and treatment under § 33-6-502; and There is probable cause to believe […]
§ 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 […]
§ 33-6-422. Finding of Probable Cause — Involuntary Commitment for Care for Up to Fifteen (15) Days
If, after the hearing is waived or is completed and the court has completed its consideration of the evidence, including the certificates of the examining professionals, and any other information relevant to the mental condition of the defendant, the court finds probable cause to believe that the defendant is subject to care and treatment under […]
§ 33-6-413. Notice of Admission to General Sessions Court — Notice of Defendant’s Rights and Status
The chief officer, upon admission of the person, shall notify the judge of the general sessions court where the hospital or treatment resource is located, by telephone or in person, and shall provide the information from the certificates of need and such other information as the court may desire, that is in the possession of […]
§ 33-6-414. Detention for Twenty-Four (24) Hours if Judge Not Available
If the judge is not available and all other provisions of this part have been complied with, the admitting facility may hold the defendant for not more than twenty-four (24) hours pending a court order under § 33-6-413, and the staff may render only necessary emergency treatment.
§ 33-6-415. Treatment Not to Render Defendant Unable to Participate in Probable Cause Hearing
Pending the probable cause hearing under § 33-6-422, no treatment shall be given that will make the defendant unable to consult with counsel or to prepare a defense in proceedings for involuntary care and treatment. No psychosurgery, convulsive treatments, or insulin treatment shall be undertaken for any psychiatric disorder until an order has been entered, […]
§ 33-6-416. Order of Admission — Notice to Next of Kin or Representative
If the court orders the admission of the defendant for diagnosis, evaluation and treatment under § 33-6-413, the chief officer shall give notice of the order to the defendant and by mail or telephone to the parent, legal guardian, legal custodian, conservator, spouse, or adult next of kin of the defendant. The notice shall state […]