(1) The court with criminal jurisdiction shall order a person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable only if:(1) The court finds on proof by clear and convincing evidence that the adult with an intellectual disability is:(A) Charged with a felony;(B) Incompetent to stand trial;(C) Not committable under § 52-5-404; and(D) At risk of becoming committable; and(2) The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person.
(1) The court finds on proof by clear and convincing evidence that the adult with an intellectual disability is:(A) Charged with a felony;(B) Incompetent to stand trial;(C) Not committable under § 52-5-404; and(D) At risk of becoming committable; and
(A) Charged with a felony;
(B) Incompetent to stand trial;
(C) Not committable under § 52-5-404; and
(D) At risk of becoming committable; and
(2) The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person.