For purposes of this part, unless the context otherwise requires, “commissioner” means the commissioner of intellectual and developmental disabilities or the commissioner’s designee. The commissioner may establish programs, including community-based programs, for training, habilitating, or rehabilitating persons with intellectual disabilities under this part.
IF AND ONLY IF a juvenile court determines in a delinquency proceeding, on the basis of an evaluation under § 37-1-128(c), that a child has an intellectual disability, OR a circuit, criminal, or general sessions court determines on the basis of an evaluation under § 33-7-301(a) that a criminal defendant is incompetent to stand trial […]
IF AND ONLY IF a person has an intellectual disability, AND the person poses a substantial likelihood of serious harm under § 33-6-501 because of the intellectual disability, AND the person needs care, training, or treatment because of the intellectual disability, AND all available less drastic alternatives to judicial commitment are unsuitable to meet the […]
No defendant may be judicially committed under § 33-5-403 unless the commissioner designates licensed physicians or licensed psychologists designated as health service providers who file in the commitment proceeding two (2) certificates of need for training and treatment certifying that the defendant satisfies the requirements of subdivisions § 33-5-403(1)-(4) and showing the factual foundation for […]
A judicially committed defendant does not come into the custody of the commissioner until the commissioner determines that the state has an available suitable accommodation and designates a licensed state facility to admit the defendant.
Whenever a person receives evaluation, training or treatment services under this part or part 5 of 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.
Without regard to its wording, any court order of commitment under this part shall be considered in law as a transfer of the person to the custody of the commissioner.
The commissioner shall cause each person committed under § 33-5-403 or transferred under § 33-3-301 or chapter 3, part 4 of this title, to be evaluated as often as necessary but not less often than every six (6) months. The commissioner or the commissioner’s designee shall report the details of the findings of the evaluation […]
When the commissioner or the commissioner’s designee determines that any person committed under § 33-5-403, no longer meets the standards under which the person was committed, the decision maker shall immediately order the person’s release and cause the person to be discharged except as provided in subsection (b) or § 33-5-410. When the commissioner or […]
Whenever an intellectual disability facility determines that a person, who has been committed under § 33-5-403 by a criminal court in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense, no longer meets the commitment standards under which the person was committed, it shall […]
