§ 33-7-401. Mandatory Community-Based Services for Felony Defendant Incompetent to Stand Trial but Not Committable
IF AND ONLY IF a court with criminal jurisdiction holds a hearing to commit an adult with mental illness under § 33-7-301, AND the court finds on proof by clear and convincing evidence that the person is: charged with a felony, incompetent to stand trial, not committable under § 33-6-502, AND at risk of becoming […]
§ 33-7-402. Mandatory Community-Based Services for Person Found in Need of Services by Forensic Examiner
If upon completion of an evaluation of a person under § 33-7-301, the department determines that the person meets the standards in § 33-7-401(2)(B), (C), and (D), and (3), the department shall attempt to develop a community-based services plan for the person for the purpose stated. The plan shall be for a maximum of two […]
§ 33-7-403. Hearing
If a defendant contests a plan proposed by the department under § 33-7-401, the court shall hold a hearing within seven (7) days of receipt of the request to determine whether the plan is programmatically appropriate and legally permissible. The court shall either approve the plan or approve the plan as modified by the department […]
§ 33-7-404. Periodic Need Assessment
A service provider for a person under § 33-7-401 shall assess the person’s needs at least every six (6) months and shall report to the court every six (6) months on the person’s progress toward the goal of the plan, prospects for recovery, the person’s current condition, the time required for relevant kinds of recovery, […]
§ 33-7-405. Referral to Other Service Provider Where Services Under This Part Not Effective
If after two (2) years of intensive services for competence to stand trial under § 33-7-401, the person has not made substantial progress to attain competence to stand trial, the service provider shall assess the person’s needs and may terminate the service plan and recommend to the court that the person be referred to other […]
§ 33-7-301. Evaluation of Accused Believed Incompetent to Stand Trial — Judicial Hospitalization Proceedings — Recovery Report
When a defendant charged with a criminal offense is believed to be incompetent to stand trial, or there is a question about the defendant’s mental capacity at the time of the commission of the crime, the criminal, circuit, or general sessions court judge may, upon the judge’s own motion or upon petition by the district […]
§ 33-7-302. Determination and Notice of Restored Competence to Stand Trial
When the chief officer determines that a defendant in a state hospital or treatment resource who is charged with a crime is restored to competence to stand trial, the chief officer shall give notice of that fact to the clerk of the court by whose order the defendant was confined and deliver the defendant to […]
§ 33-7-303. Judicial Hospitalization or Outpatient Treatment of Person Judged Not Guilty by Reason of Insanity — Transfer to Forensic Services Unit — Appeal — Cost of Treatment
When a person charged with a criminal offense is acquitted of the charge on a verdict of not guilty by reason of insanity at the time of the commission of the offense, the criminal court shall immediately order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by […]
§ 33-7-304. Cost of Evaluation and Treatment — Court-Ordered Inpatient Evaluation to Be Completed Within Thirty Days of Admission
The cost of evaluation and treatment under this part, if the defendant is charged with a misdemeanor, will be a charge upon the funds of the county. If the court finds the defendant financially able to pay all or part of the costs and expenses for the evaluation and treatment, the court may order the […]
§ 33-7-102. Credit Toward Sentence — Release
Whenever a person is hospitalized or receives evaluation or treatment services under this chapter in connection with a criminal charge or conviction, wherever incarcerated, the person shall receive credit toward the satisfaction of the sentence for the time spent in the custody of the commissioner. When a person has been transferred from the department of […]