Mandatory Community-Based Services for Felony Defendant Found Incompetent to Stand Trial

1. Law
2. Tennessee Code
3. Mental Health and Substance Abuse and Intellectual and Developmental Disabilities
4. Intellectual and Developmental Disabilities Services
5. Mandatory Community-Based Services
6. Mandatory Community-Based Services for Felony Defendant Found Incompetent to Stand Trial

IF AND ONLY IF

1. a court with criminal jurisdiction finds on proof by clear and convincing evidence that an adult with an intellectual disability is:
   1. charged with a felony,
   2. incompetent to stand trial,
   3. not committable under § 33-5-403, AND
   4. at risk of becoming committable; 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,

   THEN

3. the court may order the person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable.

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