Title 33, Mental Health and Substance Abuse and Intellectual and Developmental Disabilities

If a person is ordered to be rehospitalized for noncompliance with the treatment plan after a hearing under § 33-6-609, § 33-6-610 or § 33-6-611, upon readmission the person shall be held under the authority of the original court order of commitment entered in the proceedings und…

(1) IF(1) at any time the qualified mental health professional determines that:(A) the person with mental illness or serious emotional disturbance is likely to participate in outpatient treatment without being legally obligated to do so, or(B) the person no longer needs treatment…

(1) IF(1) during the sixth month after discharge or after the last renewal the qualified mental health professional determines that:(A) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND(B) t…

(a) If the person files a written request for a hearing with the committing court, within thirty (30) days after receipt of notice the committing court shall hold a hearing to review the decision of the qualified mental health professional. IF AND ONLY IF the court determines tha…

(1) IF(1) a person with mental illness or serious emotional disturbance is discharged subject to an outpatient treatment obligation under § 33-6-602, AND(2) the qualified mental health professional has not terminated the outpatient treatment obligation under § 33-6-620, (1) a per…

(a) (1) There shall be created a pilot project in Knox County, Tennessee, which shall expire on June 30, 2015, for a maximum of ten (10) patients at any given time to receive assisted outpatient treatment.(2) In addition to any authorized action under § 33-6-502, a court of compe…

The chief officer of a public or private hospital shall, as often as practicable, but not less often than every six (6) months, examine or cause to be examined each person admitted under this title for treatment of mental illness or serious emotional disturbance. If the chief off…

Any person hospitalized under a court order obtained under chapter 6, part 5 of this title, or the person's attorney, parent, legal guardian, legal custodian, conservator, spouse or adult next of kin, shall be entitled, upon the expiration of ninety (90) days following the order …

If, after considering the reports of the physicians and other relevant information, the chief officer determines that the person is eligible for discharge under § 33-6-602, § 33-6-705 or § 33-6-706 and that the discharge is not subject to judicial review under § 33-6-708, the chi…

(a) In considering the petition, the court shall consider the testimony of the physicians who participated in the examination of the person and their reports accompanying the petition. After considering the testimony and reports, the court shall either:(1) Reject the petition and…

(1) IF(1) a person was admitted to a hospital for treatment of mental illness or serious emotional disturbance under any provision of this title other than chapter 6, part 5 of this title, AND(2) the person no longer meets the standards under which the admission took place, AND(3…

(1) IF(1) a person was committed involuntarily under chapter 6, part 5 of this title, AND(2) (A) the person does not have a mental illness or serious emotional disturbance, OR(B) (i) the person has a mental illness or serious emotional disturbance or has a mental illness or serio…

(1) IF(1) a person was committed involuntarily under chapter 6, part 5 of this title, AND(2) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission, AND(3) the person would pose a likelihood of seriou…

(a) If a person is committed involuntarily by a criminal or juvenile court under chapter 6, part 5 of this title after being found incompetent to stand trial or if the criminal or juvenile court determines at the time of commitment that, due to the nature of the person's criminal…

(a) (a) As used in this section, “local law enforcement” means the county sheriff with jurisdiction over the location where:(1) The service recipient permanently resides, if the service recipient is a resident of this state; and(2) The inpatient treatment facility is located, if …

(1) As used in this part, unless the context otherwise requires:(1) “Sex crime” means any offense involving the unlawful sexual abuse, molestation, fondling, or carnal knowledge of a child of fourteen (14) years of age or under or incest, a crime against nature, assault with inte…

Any person convicted of a sex crime shall be examined thoroughly by a psychiatrist, licensed psychologist, licensed psychological examiner, licensed senior psychological examiner, clinical nurse specialist in psychiatry, licensed professional counselor, or licensed clinical socia…

If, as a result of the examination provided for in § 33-6-802, it is found that the convicted person is capable of being successfully treated, this fact shall be certified by the examining official or officials to the commissioner of correction, together with the suggested treatm…

(a) Not more than one (1) year nor less than six (6) months prior to the non-parole release of any person convicted of a sex crime, an examination of the person shall be made by a psychiatrist, licensed psychologist, licensed senior psychological examiner, licensed psychological …

(a) The department of mental health and substance abuse services, in cooperation with the department of correction, the department of human services and the district attorneys general conference, shall develop a post-plea treatment system for sexual offenders, victims, and their …

(a) (1) The sheriff in a county in which a person with mental illness or serious emotional disturbance is to be transported under part 4 or 5 of this chapter, shall transport the person except for persons who are transported by:(A) A secondary transportation agent under this sect…

(a) Whenever a person is about to be admitted to a hospital or treatment resource under chapter 6, part 5 of this title, the court shall arrange for the transportation of the person to the hospital. Whenever practicable, the person to be hospitalized shall be permitted to be acco…

Any person with mental illness hospitalized under this chapter or held in a forensic services unit shall be examined as often as practicable but not less often than every three (3) months.

(a) 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 custo…

Without regard to its wording, any court order of hospitalization in a hospital or unit of a hospital shall be considered in law as a transfer of the person to the custody of the commissioner.

Notwithstanding any other law to the contrary, all admissions or transfers to a state-owned or operated hospital or treatment resource under this chapter shall be subject to available suitable accommodations as defined in § 33-1-101, and no admission to a state-owned or operated …

The commissioner shall operate in the state hospitals secure facilities, known as forensic services units, necessary for persons with mental illness who are eligible for admission to the units under this title.

(a) If the commissioner authorizes the transfer of a voluntary service recipient with mental illness to a forensic services unit, the chief officer of the receiving facility shall initiate commitment proceedings under chapter 6, part 5 of this title. (b) In the proceedings the co…

When a person in a forensic services unit no longer meets the standards under which the person was admitted to the unit, the chief officer shall cause the person to be discharged or to be returned to the hospital, division or facility from which the person was transferred or to b…

(a) (1) 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 jud…

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 …

(a) (1) 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 bas…

(a) The cost of evaluation and treatment under this part will be a charge upon the funds of the state. 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 defendant to pay all or …

(a) The department shall establish a mental health evaluation process to evaluate a defendant convicted of any of the following offenses:(1) Domestic assault, as defined in § 39-13-111;(2) Child abuse, as defined in § 39-15-401;(3) Aggravated child abuse, as defined in § 39-15-40…

(1) IF AND ONLY IF:(1) A court with criminal jurisdiction holds a hearing to commit an adult with mental illness under § 33-7-301, AND(2) The court finds on proof by clear and convincing evidence that the person is:(A) Charged with a felony,(B) Incompetent to stand trial,(C) Not …

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 state…

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 pla…

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…

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 …

(a) Services for children who have mental illness or serious emotional disturbance are governed by all of this title. The general assembly finds that supporting families in their role as primary care givers for their children is more humane, efficient, and cost effective than pla…

(1) The department in coordination with the council on children's mental health care shall promote effective advocacy for services and supports for all children with mental illness or serious emotional disturbance. The department's responsibilities for children shall include, but…

Children with serious emotional disturbances are a priority population for the department's mental health services and supports. The department shall set the array of services and supports for these priority populations annually in its plan. The state will fund and the department…

Children who are emancipated by marriage, court order, or in any other way recognized by law in the state have all the rights and responsibilities of adults under this title, except to the extent those rights are restricted by court order. The parent of an emancipated child shall…

Mental health service providers shall prepare interagency plans to assure that persons seventeen (17) years of age in state custody who will continue to need services and supports in adulthood can make a smooth transition to adult services. The plan should take into account the r…

Service providers shall inform the department and the council on children's mental health care of needs or problems of children and families that may be addressed by local interagency agreements with the goals set in § 33-1-308 for state interagency agreements. Service providers …

A child who has alcohol or drug dependence may only receive mental health service or support from the mental health service division if the condition is concurrent with another serious emotional disturbance or mental illness.