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Current as of January 02, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Tennessee Code Title 52. Department of Disability and Aging § 52-5-502 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-52-department-of-disability-and-aging/tn-code-sect-52-5-502/
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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