reglab/housing_qa huggingface dataset:
TN Code § 33-5-502 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 5 - Intellectual and Developmental Disabilities Services|Part 5 - Mandatory Community-Based Services|§ 33-5-502. Mandatory Community-Based Services for Felony Defendant Found Not Guilty Due to Insanity Based on an Intellectual Disability

 IF AND ONLY IF   a court with criminal jurisdiction finds on proof by clear and convincing evidence that a person with an intellectual disability:  is charged with a felony,   is acquitted of the charge on a verdict of not guilty by reason of insanity because of an intellectual disability at the time of the commission of the crime,   is not committable under § 33-5-403,   requires training or treatment because of the intellectual disability, AND   is likely to meet the standards of § 33-5-403 without the training or treatment, AND     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    the court may order the person to participate in community-based services under a plan approved and developed by the department to avoid deterioration to the point where the person would be committable.
TN Code § 33-5-503 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 5 - Intellectual and Developmental Disabilities Services|Part 5 - Mandatory Community-Based Services|§ 33-5-503. Mandatory Community-Based Services for Capital Defendant Committed Under § 33-5-403 but No Longer Meeting the Standards for Commitment

 IF AND ONLY IF   a court with criminal jurisdiction finds on proof by clear and convincing evidence that a person with an intellectual disability:  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,   no longer meets the standards under which the person was committed, AND   has a condition that requires training or treatment without which the person would again meet commitment standards, AND     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    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.
TN Code § 33-5-504 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 5 - Intellectual and Developmental Disabilities Services|Part 5 - Mandatory Community-Based Services|§ 33-5-504. Development of Community-Based Services Plan — Maximum Duration

 If upon completion of an evaluation of a person under § 33-5-403 or § 33-5-408, the department determines that the person meets the standards in § 33-5-501, § 33-5-502, or § 33-5-503, the department shall attempt to develop a community-based services plan for the person for the purpose stated. The plan shall be for a maximum of two (2) years, and no person shall participate in the plan for more than two (2) years.
TN Code § 33-5-505 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 5 - Intellectual and Developmental Disabilities Services|Part 5 - Mandatory Community-Based Services|§ 33-5-505. Hearing on Contest of Plan

 If a defendant contests a plan proposed by the department under § 33-5-501, § 33-5-502, or § 33-5-503, the court shall hold a hearing within seven (7) days of receipt of the request to determine whether the plan is programmatically appropriate and legally permissible. The court shall either approve the plan or approve the plan as modified by the department to correct deficiencies found by the court.
TN Code § 33-5-506 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 5 - Intellectual and Developmental Disabilities Services|Part 5 - Mandatory Community-Based Services|§ 33-5-506. Assessment of Service Recipient's Needs and Progress — Report to Court

 A service provider with a service recipient under § 33-5-501, § 33-5-502, or § 33-5-503 shall assess the service recipient's needs at least every six (6) months and shall report to the court every six (6) months on the person's progress toward the goal of the plan and on the person's use of the service. A service provider may request the court to release the service recipient from the plan at any time.
TN Code § 33-5-507 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 5 - Intellectual and Developmental Disabilities Services|Part 5 - Mandatory Community-Based Services|§ 33-5-507. Termination of Community-Based Services

 If, after two (2) years of intensive training on a department-approved competence to stand trial curriculum under § 33-5-501, the defendant has not made substantial progress to attain competence to stand trial, the service provider shall assess the defendant's needs and may terminate the service plan and recommend to the court that the defendant be referred to other mental health or intellectual disability services as deemed appropriate. The service provider shall report its conclusion to the court before terminating services.
TN Code § 33-5-601 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 5 - Intellectual and Developmental Disabilities Services|Part 6 - Statewide Planning and Policy Council for the Department of Intellectual and Developmental Disabilities|§ 33-5-601. Statewide Planning and Policy Council Created — Chair — Officers — Membership — Expenses — Meetings — Terms of Service — Removal

  There is created the statewide planning and policy council for the department of intellectual and developmental disabilities to assist in planning a comprehensive array of high quality prevention, early intervention, treatment, and habilitation services and supports and to advise the department on policy, budget requests, and developing and evaluating services and supports.    The statewide planning and policy council shall be composed of not less than eleven (11) members, not including ex officio members. The governor shall appoint the chair of the council. The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) legislator as a member of the council. The commissioner of intellectual and developmental disabilities shall serve, ex officio, as secretary to the council and, if the chair is not present at a meeting, shall designate a member to serve as chair for the meeting. The governor is ex officio a member of the council and may appoint representatives of state agencies as ex officio members of the council. The governor shall appoint one (1) at-large representative.   The commissioner of intellectual and developmental disabilities shall appoint five (5) members to represent intellectual and developmental disabilities, of which, two (2) shall be service recipients or members of families of service recipients, one (1) shall be a representative for children, one (1) shall be a intellectual and developmental disabilities service provider, and one (1) shall represent others affected by intellectual and developmental disability issues. Additionally, the commissioner of intellectual and developmental disabilities shall appoint one (1) representative for elderly service recipients and at least one (1) at-large representative.   At least a majority of the council's membership shall consist of current or former service recipients and members of service recipient families.     The members of the statewide planning and policy council shall receive no compensation.   The statewide planning and policy council shall meet quarterly at a place designated by the chair and may meet more often upon the call of the chair or a majority of the members.   Terms on the council shall be three (3) years except that the chair and members appointed by the speakers shall have terms of two (2) years.   The appointing authority may remove a member for failure to attend at least one half (½) of the scheduled meetings in any one-year period or for other good cause.
TN Code § 33-5-602 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 5 - Intellectual and Developmental Disabilities Services|Part 6 - Statewide Planning and Policy Council for the Department of Intellectual and Developmental Disabilities|§ 33-5-602. Duties of Council

  The statewide planning and policy council shall advise the commissioner of intellectual and developmental disabilities as to plans and policies to be followed in the service systems and the operation of the department of intellectual and development disabilities programs and facilities, recommend to the general assembly legislation and appropriations for the programs and facilities, advocate for and publicize the recommendations, and publicize generally the situation and needs of persons with intellectual or developmental disabilities and their families.   The statewide planning and policy council shall especially attend to:  Identification of common areas of concern to be addressed by the service areas;   The needs of service recipients who are children or elderly and of service recipients with combinations of intellectual or developmental disabilities and other conditions;   Evaluation of needs assessment, service, and budget proposals;   Reconciliation of policy issues among the service areas; and   Annual review of the adequacy of this title to support the service systems.     The statewide planning and policy council, in conjunction with the commissioner of intellectual and developmental disabilities, shall report annually to the governor on the service systems, including programs, services, supports, and facilities of the department of intellectual and developmental disabilities, and may furnish copies of the reports to the general assembly with recommendations for legislation. The statewide planning and policy council may make other reports to the governor and to the general assembly as the council deems necessary. The commissioner of intellectual and developmental disabilities shall make the reports available to the public, including on the Internet and by other appropriate methods.
TN Code § 33-6-101 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 6 - Mental Health Service|Part 1 - Mental Health Service System|§ 33-6-101. Applicability of Title to Persons With Mental Illness and Serious Emotional Disturbance

 Services to persons with mental illness and serious emotional disturbance are governed generally by this title, including Chapters 1 4, 7, 8 and 9.
TN Code § 33-6-102 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 6 - Mental Health Service|Part 1 - Mental Health Service System|§ 33-6-102. Development of System — Purpose

 The department shall maintain a system to assure the most appropriate and effective services for publicly funded service recipients.
TN Code § 33-6-103 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 6 - Mental Health Service|Part 1 - Mental Health Service System|§ 33-6-103. Priority Population — Standards of Care — Funding — Legislative Intent — Contract With Licensed Community Mental Health Agency

  The department shall identify adults with severe disabling mental illness and children with serious emotional disturbance.   Persons described in subsection (a) are a priority population for the department's mental health services and supports. The department shall set the array of services and supports for this priority population annually in its plan. The state will fund and the department will maintain the array of services and supports for persons in this priority population. Consistent with applicable eligibility requirements, the state may provide the funding for the services through the medicaid program or any waiver granted under the medicaid program, specifically including TennCare, other public funds, or private funds.   It is the legislative intent that the department of mental health and substance abuse services maintain the funding amount and the extent of services of the behavioral health safety net of the state at least at the annualized levels provided as of January 1, 2009. In the event that appropriations to the department are not sufficient to continue funding these critical services at a level at least equivalent to the services being provided as of January 1, 2009, then the department shall provide a report to the planning and policy council created by § 33-1-401 and the fiscal review committee created by § 3-7-101. The report shall identify all means the department intends to use to increase resources available.   The department may contract with any licensed community mental health agency for the provision of services under the behavioral health safety net, as long as the community mental health agency is able to sufficiently demonstrate to the department that the community mental health agency is able to provide to individuals who will be served under the behavioral health safety net all of the behavioral health services that are included within adult behavioral health services for the seriously and persistently mentally ill, as defined in § 71-5-103.
TN Code § 33-6-104 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 6 - Mental Health Service|Part 1 - Mental Health Service System|§ 33-6-104. Community-Based Screening Process — Prescreening Agents

  The department shall maintain a community-based screening process designed to provide alternatives to hospitalization, minimize length of confinement, promote speedy return to the community, and maximize each service recipient's ability to remain in a community setting.   As part of the system the commissioner shall designate individuals to serve as mandatory prescreening agents. The commissioner may base designation on criteria consistent with § 33-6-427 and may set limits on an agent's authority. The commissioner may decline to designate a person who satisfies the requirements of § 33-6-427. The commissioner may remove authority as a mandatory pre-screening agent from a person without cause. Designation of a person as a mandatory prescreening agent does not vest any property right, and limitations on authority and removal of designation as a mandatory prescreening agent are not governed by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or by title 8, chapter 30.   An agent has only the authority designated by the commissioner and, if the agent is not a physician, the authority of the agent terminates if the person no longer satisfies § 33-6-427. An agent's authority is valid in connection with hospitalization of a privately funded person at a private hospital or treatment resource only if the private hospital or treatment resource files notice of acceptance of the designated person's authority with the commissioner.   When performing the duties authorized by this section an individual agent shall be considered to be a state employee pursuant to § 8-42-101(3)(D). When performing the duties authorized by this section an individual agent shall not be considered as an employee of such agent's regular employer, and the agent's regular employer, whether public or private, shall not be held liable in any damages to any person or government entity in a civil action for injury, death or loss to person or property that allegedly results from the actions of the individual agent while acting as a state employee pursuant to this section.
TN Code § 33-6-105 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 6 - Mental Health Service|Part 1 - Mental Health Service System|§ 33-6-105. Certificate of Need Required for Admission of Publicly Funded Person — Psychiatric Emergency Services — Funding for Services for Uninsured Persons

  A person with mental illness or serious emotional disturbance shall not be involuntarily admitted or committed to a state owned or operated hospital or treatment resource under chapter 6, part 4, of this title unless a mandatory prescreening agent provides one of the certificates for each set of certificates of need required by §§ 33-6-309, 33-6-404 and 33-6-408. If a mandatory pre-screening agent cannot examine the person within two (2) hours of the request to examine the person, then a licensed physician or a licensed psychologist with health service provider designation may examine the person and may provide one of the certificates if the physician or psychologist, in consultation with a member of a crisis response service designated by the commissioner to serve the county, determines that all available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person.   To the extent that funds are made available and in the interest of public safety, the department of mental health and substance abuse services shall coordinate with other departments and agencies of state government, community mental health centers and other health care providers to promote access to a continuum of appropriate services for persons in psychiatric emergencies, including, but not limited to, the following components:  A toll-free telephone number for twenty-four-hour access, seven (7) days a week. The telephone line shall be linked to an appropriate psychiatric emergency service provider staffed by qualified personnel in order to provide crisis triage and intervention;   Telephone and walk-in triage screening, telephone and mobile or walk-in face-to-face clinical assessment, intervention and follow-up; and   Access to crisis respite and crisis stabilization beds.     It is the legislative intent that the department of mental health and substance abuse services maintain funding for the portion of the emergency psychiatric services continuum for persons in need of such services who are not eligible for the TennCare program and are otherwise uninsured. In the event that appropriations to the department are not sufficient to fully support this portion of the emergency psychiatric services continuum, at least at the annualized levels provided as of January 1, 2009, then the department shall provide a report to the planning and policy council created by § 33-1-401 and the fiscal review committee created by § 3-7-101. The report shall identify all means the department intends to use to continue to make resources available.
TN Code § 33-6-106 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 6 - Mental Health Service|Part 1 - Mental Health Service System|§ 33-6-106. Persons Not Meeting Admission Criteria

  If a mandatory prescreening agent performs the initial evaluation of a person for admission and determines that the person does not meet admission criteria, the mandatory prescreening agent shall assure that the person has alternative services available and offered if appropriate. The mandatory prescreening agent shall contact the person within twelve (12) hours to determine outcome and complete follow-up as necessary. If the prescreening is performed by a physician or psychologist as authorized by § 33-6-105, the crisis response service shall contact the person within twelve (12) hours to determine outcome and complete follow-up as necessary.   Transportation to and admission of a person to a state owned or operated hospital or treatment resource shall not begin until a mandatory prescreening agent or physician or psychologist as authorized by § 33-6-105 completes a certificate of need.
TN Code § 33-6-107 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 6 - Mental Health Service|Part 1 - Mental Health Service System|§ 33-6-107. Treatment Review Committees

  All inpatient providers of mental health services shall have treatment review committees to make decisions for service recipients who are admitted to inpatient facilities and lack capacity under § 33-3-218 as determined under rules adopted under § 33-3-217 to make decisions for themselves on treatment, release of information to other qualified mental health professionals, other treatment agencies, providers, or a family member, and getting information from other treatment agencies or providers.   The treatment review committee shall be composed of at least four (4) members. No one who is a member of a service recipient's treatment team may be a member of the treatment review committee. The treatment review committee should include a licensed physician, a service recipient advocate, and two (2) who are qualified mental health professionals, licensed pharmacists, or clinical chaplains. A treatment review committee that considers treatment for a physical condition or illness must include a physician, physician assistant, or nurse practitioner. The treatment review committee shall encourage service recipients who are sixteen (16) years of age or older and the conservator or surrogate decision maker on behalf of a service recipient who is sixteen (16) years of age or older to participate with the treatment review committee to the extent possible. The treatment review committee shall make every effort to obtain the participation of parents, legal custodian, or legal guardian in the meeting if the service recipient is a child and not emancipated. The service recipient's family members, legal custodian, legal guardian, conservator, or attorney-in-fact under a durable power of attorney for health care may attend the meeting.   The treatment review committee shall not override a decision by a parent, legal custodian, or legal guardian of a service recipient who is an unemancipated child, or a conservator of a service recipient.   A person committed involuntarily to a hospital or treatment resource who does not lack capacity to make a decision on treatment may be given treatment over the service recipient's objection only if the service recipient's treatment review committee approves the treatment.
TN Code § 33-6-108 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 6 - Mental Health Service|Part 1 - Mental Health Service System|§ 33-6-108. Admissions to a State-Owned or Operated Hospital or Treatment Resource

 Notwithstanding any other law to the contrary, all admissions or transfers to a state-owned or operated hospital or treatment resource shall be subject to available suitable accommodations, as defined in § 33-1-101, and no admission to a state-owned or operated hospital or treatment resource shall occur until the department has designated the state-owned or operated facility as having available suitable accommodations; provided, that if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations.