Section 52-5-411 - Capital offense - Release from involuntary commitment - Notice - Hearing - Appeal(a) If the department determines that a person, who has been judicially committed under § 52-5-404 by a criminal court in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense, no longer meets the commitment standards under which the person was committed, then the department must follow the procedures set out in this section to effect the person's release from involuntary commitment.(b) If the department determines that the person no longer meets the commitment criteria under which the person was committed, then the department must notify the committing court of this fact and the reasons. The determination by the department creates a rebuttable presumption of its correctness. The court may, within ten (10) business days, holidays excluded, of receipt of the notice, set a hearing to be held within twenty-one (21) business days, holidays excluded, of receipt of the department's notice on whether the person continues to meet the commitment criteria under which the person was committed. The court shall send notice of the hearing to the person; the commissioner; the person's counsel; the person's next of kin, if known; and the district attorney general.(c) If the court does not set a hearing and notify the department within fifteen (15) business days, holidays excluded, of its receipt of the facility's notice, then the facility must release the person from involuntary commitment.(d) The hearing to determine whether the person continues to meet the commitment criteria under which the person was committed must be held within twenty-one (21) business days, holidays excluded, of the court's receipt of notice from the department. The person shall attend the hearing unless the person's presence is waived in writing by counsel before the hearing. If the person does not have counsel, then the court must appoint counsel to represent the person.(e) Following the hearing, if the court finds by clear, unequivocal, and convincing evidence that the person meets the standards of § 52-5-404, then the court must order the person's return to the intellectual disability facility under the authority of the person's commitment. Otherwise, the court shall order the person's release from commitment.(f) Either party may appeal a final adjudication under this section to the court of criminal appeals.(g) A person committed under § 33-5-403(b)(1) must remain committed until the competency of the person to stand trial is restored or, if competency is unable to be restored but the person no longer meets the standard set in § 33-5-403, until the court with criminal jurisdiction over the charges approves a mandatory outpatient treatment plan that accounts for the safety of the community.Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.