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Current as of January 02, 2024 | Updated by Findlaw Staff
IF AND ONLY IF
(1)(A) 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
(B) 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 due to an intellectual disability, OR
(C) a circuit or criminal court enters a verdict of not guilty by reason of insanity on a capital offense against a defendant with an intellectual disability,
THEN
(2) the district attorney general may file a complaint to require involuntary care and treatment of the defendant under § 33-5-403, AND
(3) only the juvenile court that has jurisdiction of the child or the circuit or criminal court before which the defendant's criminal case is pending or that would hear the case if the defendant were bound over to the grand jury has jurisdiction to hear a complaint filed under § 33-5-403.
Cite this article: FindLaw.com - Tennessee Code Title 33. Mental Health and Substance Abuse and Intellectual and Developmental Disabilities § 33-5-402 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-33-mental-health-and-substance-abuse-and-intellectual-and-developmental-disabilities/tn-code-sect-33-5-402/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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