Current through Acts 2023-2024, ch. 1069
Section 52-5-503 - Capital defendantThe court with criminal jurisdiction may order the person to participate in community-based services under a plan approved and developed by the department to prevent the person's 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) Has been committed under § 52-5-404 in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense;(B) No longer meets the standards under which the person was committed; and(C) Has a condition that requires training or treatment without which the person would again meet commitment standards; 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.Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.