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.
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.
(a) 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 order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the court.
(b) (1) Following diagnosis and evaluation, if certification is provided that the person is committable under chapter 6, part 5 of this title, the district attorney general shall file a complaint in the criminal court for judicial commitment under chapter 6, part 5 of this title. If certification is not provided that the person is committable under chapter 6, part 5 of this title, the district attorney general shall file a complaint in the criminal court for an order requiring the person to participate in outpatient treatment under this subsection (b).
(2) [Deleted by 2009 amendment.]
(3) If the court does not commit the person under chapter 6, part 5 of this title and the court determines that the person's condition resulting from mental illness is likely to deteriorate rapidly to the point that the person will pose a substantial likelihood of serious harm under § 33-6-501 unless treatment is continued, the court may order the person to participate in outpatient treatment. Otherwise, the court may not order the person to participate in outpatient treatment. The obligation to participate in outpatient treatment continues until it is terminated by the court under subdivision (b)(5).
(4) If the court orders the person to participate in outpatient treatment and the person does not comply with the treatment plan, the qualified mental health professional shall notify the district attorney general of the noncompliance, and the district attorney general may move the criminal court to cite the person for civil or criminal contempt of court for the noncompliance and may file a complaint in the criminal court under the provisions of chapter 6, part 5 of this title. The qualified mental health professional shall file a report with the district attorney general every six (6) months as to the person's continuing need for treatment.
(5) The court shall terminate the obligation to participate in outpatient treatment when it determines that the person is no longer subject to the obligation under subdivision (b)(3).
(6) The court is vested with jurisdiction to conduct proceedings authorized by this subsection (b).
(c) (1) Following the hearing conducted by the criminal court under chapter 6, part 5, of this title, if the court finds that the person meets the commitment standards under chapter 6, part 5, of this title, the court shall enter an order of judicial hospitalization and transfer the person to the custody of the commissioner subject to department rules governing release procedures.
(2) If the court further finds that:
(A) The person is substantially likely to injure the person or others if the person is not treated in a forensic services unit; and
(B) Treatment in the unit is in the person's best interests, the person shall be transferred into the custody of the commissioner at a forensic services unit designated by the commissioner subject to the provisions of § 33-7-203.
(3) If the court commits a person under this subsection (c), the person comes into the commissioner's custody only if the commissioner determines that a facility 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 hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Prior to transporting a defendant for commitment in a department facility, the sheriff or other transportation agent shall determine that the receiving facility has available suitable accommodations.
(d) Either party may appeal a final adjudication under this section to the court of criminal appeals.
(e) The criminal court, in a trial before a jury in which the issue of insanity at the time of the commission of the offense is raised, shall instruct the jury before it begins deliberation as to the provisions of this section.
(f) The cost of treatment incurred as a result of the outpatient treatment and evaluation required in subdivision (b)(3) shall be taxed as court costs.
[Acts 1974, ch. 464, § 1; 1977, ch. 396, § 1; 1979, ch. 311, §§ 1-3; 1981, ch. 224, § 17; 1983, ch. 323, § 23; T.C.A., § 33-709; Acts 1984, ch. 922, § 38; 1985, ch. 437, §§ 27, 28; 2000, ch. 947, § 1; 2002, ch. 730, § 52; 2005, ch. 150, § 3; 2009, ch. 531, §§ 48-51.]