Tennessee Code Title 52. Department of Disability and Aging § 52-6-102

(1) An evaluator under subsection (a) notifies the court in a pretrial proceeding that the type or extent of assessment required exceeds the expertise or resources available to the evaluator or exceeds the scope of analysis of the defendant's competence to stand trial;  or

(2) In any other type of felony criminal proceeding, the court determines that examination of the defendant by a qualified expert for the state is necessary to adjudicate fairly the matter before it.

(d)(1) Except as provided in subdivision (d)(2), during the post-conviction stage of a criminal proceeding, if it is believed that a defendant is incompetent to assist counsel in preparation for, or otherwise participate in, the post-conviction proceeding, then the court may, upon its own motion, order that the defendant be evaluated on either an outpatient or inpatient basis, as may be appropriate.  If the defendant is indigent, then the amount and payment of the costs for the evaluation must be determined and paid for by the administrative office of the courts.  If the defendant is not indigent, then the cost of the evaluation must be charged as court costs.  If the evaluation cannot be done on an outpatient basis and if it is necessary to admit the defendant in a department facility, then admission must not be for more than thirty (30) days and is subject to available suitable accommodations.  Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent must determine that the receiving department facility has available suitable accommodations.  Any costs incurred by the administrative office of the courts must be absorbed within the current appropriation for the indigent defense fund.

(2) In a post-conviction proceeding in a capital case, if there is a question on the defendant's mental condition at the time of the commission of the crime when there has been no such prior evaluation or a question as to whether the defendant is intellectually disabled, then the court may, upon its own motion or upon petition by the district attorney general or by the attorney for the defendant, and, if the matter is contested, after a hearing, order that the defendant be evaluated on an outpatient basis.  If the outpatient evaluator concludes that an inpatient evaluation is necessary, only then may the court order the defendant to be admitted for not more than thirty (30) days.

(e)(1) Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent must determine that the receiving department facility has available suitable accommodations.