Mandatory Community-Based Services for Capital Defendant Committed Under § 33-5-403 but No Longer Meeting the Standards for Commitment

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 Capital Defendant Committed Under § 33-5-403 but No Longer Meeting the Standards for Commitment

IF AND ONLY IF

1. a court with criminal jurisdiction finds on proof by clear and convincing evidence that a person with an intellectual disability:
   1. has been committed under § 33-5-403 in connection with a capital offense or with a verdict of not guilty by reason of insanity on a capital offense,
   2. no longer meets the standards under which the person was committed, AND
   3. 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,

   THEN

3. the court 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.

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