(1) The court with criminal jurisdiction may order a person to participate in community-based services under a plan approved and developed by the department to avoid deterioration to the point where the person would be committable only if:(1) The court finds on proof by clear and convincing evidence that a person with an intellectual disability:(A) Is charged with a felony;(B) Is acquitted of the charge on a verdict of not guilty by reason of insanity because of an intellectual disability at the time of the commission of the crime;(C) Is not committable under § 52-5-404;(D) Requires training or treatment because of the intellectual disability; and(E) Is likely to meet the standards of § 52-5-404 without the training or treatment; 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 a person with an intellectual disability:(A) Is charged with a felony;(B) Is acquitted of the charge on a verdict of not guilty by reason of insanity because of an intellectual disability at the time of the commission of the crime;(C) Is not committable under § 52-5-404;(D) Requires training or treatment because of the intellectual disability; and(E) Is likely to meet the standards of § 52-5-404 without the training or treatment; and
(A) Is charged with a felony;
(B) Is acquitted of the charge on a verdict of not guilty by reason of insanity because of an intellectual disability at the time of the commission of the crime;
(C) Is not committable under § 52-5-404;
(D) Requires training or treatment because of the intellectual disability; and
(E) Is likely to meet the standards of § 52-5-404 without the training or treatment; 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.