reglab/housing_qa huggingface dataset:
TN Code § 33-3-505 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 5 - Judicial Procedures Generally|§ 33-3-505. Use of Audio Visual Technology in Judicial Proceeding

  Any judicial proceeding under this title may be conducted by the use of audio visual technology as set out in this section.  For proceedings under chapter 6, part 4 of this title, the use of audio visual technology is permissible at the court's discretion, but the court may grant any reasonable request by counsel, a party, or a guardian ad litem to conduct the proceedings in the physical presence of the court.   For any other proceedings under this title, the use of audio visual technology is permissible with the agreement of all parties and at the court's discretion.     Subject to the availability of suitable equipment and notwithstanding any law to the contrary, proceedings may be conducted through two-way electronic audio-video communication without the physical presence of the defendant, plaintiff, witnesses or attorneys before the court. Any such hearing must be conducted so that:  The defendant, plaintiff, and judge can see and hear each other throughout the entire hearing, except for the private communications excluded under subdivision (b)(5);   The judge, defendant, plaintiff and their attorneys can see and hear all witnesses while they testify orally during the hearing;   The judge, defendant, plaintiff and their attorneys can hear all questions asked of witnesses during their testimony;   The judge, defendant, plaintiff and their attorneys can hear all questions, statements, objections, motions and arguments of any attorney or party participating in the hearing; and   The defendant and defendant's attorney and plaintiff and plaintiff's attorney can communicate privately with each other during the hearing.
TN Code § 33-3-506 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 5 - Judicial Procedures Generally|§ 33-3-506. Delivery of Pleadings and Certificates of Need for Care and Treatment by Telefax Transmission

 Pleadings and any certificates of need for care and treatment that must be filed in proceedings under this chapter, and Chapters 5 8 of this title may be delivered to the court by telefax transmission in conformity with the Tennessee Rules of Civil Procedure.
TN Code § 33-3-601 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-601. Application of Part

 This part governs only proceedings under statutes that designate use of this part.
TN Code § 33-3-602 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-602. Contents of Complaint for Commitment

 A complaint for commitment shall be sworn and shall show that the defendant is subject to involuntary care and treatment under the commitment statute on which the complaint is based, and shall be accompanied either by a sworn statement by the plaintiff that the defendant has refused to be examined by certifying professionals or by certificates of need as required by the commitment statute showing:   That the certifying professionals have examined the defendant within three (3) days of the date of the certificate;   That they are of the opinion that the defendant is subject to involuntary care and treatment under the commitment statute; and   The factual foundation for their conclusions on each item of the commitment statute.
TN Code § 33-3-603 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-603. Jurisdiction and Venue

  The complaint may be filed in a county in which the defendant resides or may be found. If the defendant is in a developmental center, hospital, or treatment resource, the complaint shall be filed where the person is, and jurisdiction of the proceedings may be transferred for good cause to the court of residence. This venue requirement does not apply to complaints filed in accordance with § 33-7-301 or § 33-7-303.   Except as otherwise expressly provided in this title, only the following courts have jurisdiction over the complaint:  Chancery court;   Circuit court;   Juvenile courts in proceedings held by judges who are lawyers or by referees;   Probate court in counties having a population of more than four hundred thousand (400,000) according to the 1980 federal census or any subsequent federal census; and   Court of general sessions in counties having a metropolitan form of government and having a population of more than four hundred thousand (400,000) according to the 1990 federal census or any subsequent federal census; provided, that the jurisdiction conferred by this subdivision (b)(5) is conferred only for petitions concerning mandatory outpatient treatment.
TN Code § 33-3-604 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-604. [reserved.]

 Upon receipt of a complaint, the clerk shall have a copy of the complaint with a notice of the time and place of the hearing, the defendant's right to counsel, and the standards for commitment that apply to the proceeding served on the defendant by personal service if the person is at liberty, or by mail, if the person is not at liberty, and shall send a copy by mail to the defendant's attorney, the chief officer of a facility in which the defendant is, and the defendant's legal guardian, legal custodian, or conservator, if any, and to the spouse, parent, or adult next of kin if there is no guardian or conservator. If mailing addresses are unknown, notice may be given by any other reasonable means.
TN Code § 33-3-606 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-606. Time for Hearing

 The hearing shall be held as soon as possible, but not more than twenty (20) days after the complaint was filed, except that the court may continue the hearing for up to ten (10) days for good cause and may continue the hearing for as long as necessary to impanel a jury if the defendant demands a jury trial.
TN Code § 33-3-607 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-607. Examination of Defendant — Detention and Release

 If the complaint includes or is accompanied by a sworn statement by the plaintiff that the defendant has refused to be examined by certifying professionals and the court finds that probable cause exists to believe that the defendant is subject to involuntary care and treatment and has refused to be examined by a certifying professional, the court shall order a law enforcement officer to take the defendant into custody for an examination by two (2) certifying professionals who meet the requirements of the commitment statute. The defendant may be detained for the period required to complete the examinations, but not more than forty-eight (48) hours. Upon completion of the examinations, the person shall be released, and the certifying professionals shall report their findings to the court. For good cause, the court may order further examination, including independent examination, as to the mental condition of the person and may continue the hearing until the report of the examination is made to the court.
TN Code § 33-3-608 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-608. Attorney — Notification of Representation - Appointment by Court

 The defendant's attorney shall notify the court of the representation immediately after accepting it. If the defendant does not employ an attorney, the court shall appoint an attorney to represent the defendant not less than five (5) days in advance of the hearing. An attorney representing the defendant shall not serve as guardian ad litem. If the court determines that the defendant is not able to understand the nature of the proceedings and cannot communicate with counsel in the conduct of the case, the court may appoint another person to serve as the defendant's guardian ad litem.
TN Code § 33-3-609 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-609. Jury Trial

 Either party may demand a jury trial on the issues.
TN Code § 33-3-610 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-610. Place of Hearing

 The hearing shall be conducted in a place where the court is usually held or in a physical setting not likely to have a harmful effect on the mental condition of the defendant. No hearing shall be conducted in a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses. The court shall determine the place of the hearing and may exclude the public from the hearing on motion of the defendant if the interests of the defendant and the public would best be served by exclusion.
TN Code § 33-3-611 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-611. Transportation to Hearing

 The chief officer of a facility in which the defendant is found shall arrange for suitable transportation of the person to the court where the hearing is to be held, except that the sheriff shall provide transportation if the defendant has been committed in connection with criminal charges.
TN Code § 33-3-612 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-612. Evidence — Witnesses — Continuances — Presence or Exclusion of Defendant

  The court shall give the defendant, the plaintiff, and all other persons to whom the clerk is required to give notice of the proceeding, an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses.   The defendant shall be present at the hearing unless the defendant waives the right to be present in writing. If the defendant's attorney shows that the defendant's physical health would be endangered by being at the hearing, the court may order a continuance until the risk is terminated, and the defendant shall not be discharged during the continuance unless the hospital determines that the defendant no longer meets the commitment standards applicable in the hearing that has been continued. If the court determines that the defendant's conduct at the hearing is so violent or otherwise disruptive that it creates a serious risk of harm to the defendant or others at the hearing or so disrupts the proceedings that they cannot be conducted in a proper manner, the court may order the defendant restrained or excluded to the extent necessary to the proper conduct of the proceedings. If the defendant is not present at or is excluded from the hearing, the court shall make a written finding of fact as to why the hearing is held in defendant's absence.
TN Code § 33-3-613 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-613. Conduct of Hearing

 The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure.
TN Code § 33-3-614 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-614. Names of Examining Professionals — Availability to Defendant

 If the names of examining professionals who certified the person's need for care and treatment did not accompany the complaint, they shall be made available to the defendant and counsel prior to the hearing.
TN Code § 33-3-615 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-615. Testimony of Professionals — Depositions or Affidavits

  The testimony of a certifying professional may be made by deposition or affidavit only with the consent of the defendant's counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the defendant or the defendant's counsel has consented, and the defendant's right of cross-examination of the certifying professional shall be preserved.   If consent is not given for testimony by deposition or affidavit, a professional who would be qualified as a certifying professional under the commitment statute may testify instead of a certifying professional if the person has examined the defendant within ten (10) days of the hearing, and the person shall testify as to each point of the commitment statute.
TN Code § 33-3-616 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-616. Place of Detention

 No defendant shall be detained at a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses, unless the defendant is under arrest for the commission of a crime.
TN Code § 33-3-617 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-617. Requisites for Commitment

 IF AND ONLY IF   the certificates required by law have been filed with the court showing the need for involuntary care and treatment, AND   the court finds on the basis of clear, unequivocal and convincing evidence that the defendant is subject to involuntary care and treatment under the statute under which the commitment is sought,  THEN    the court shall commit the person under the commitment statute on which the complaint is based.
TN Code § 33-3-618 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-618. Dismissal of Proceedings — Release of Defendant

  If the court does not commit the defendant to involuntary care and treatment, the court shall enter an order dismissing the proceedings for involuntary care and treatment.   If the defendant is being held involuntarily under this title, the court shall order the immediate release of the defendant unless the defendant is in the custody of the chief officer of a facility under another law or is being held on charges of the commission of a criminal offense or of juvenile delinquency.
TN Code § 33-3-619 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-619. Commitment to Involuntary Care — Disclosure of Information

 If a commitment to involuntary care and treatment is entered, the certifying professionals shall disclose to the hospital, treatment resource, or developmental center that admits the person on its request information they have about the person, including diagnosis, past treatment, and anything else relating to the person's condition that may aid the facility in providing appropriate care and treatment.
TN Code § 33-3-620 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 6 - Judicial Procedures for Residential Treatment|§ 33-3-620. Appeals

 Appeals from proceedings for involuntary care and treatment shall be taken under the general law governing appeals.
TN Code § 33-3-701 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 7 - Judicial Procedures for Review of Transfers|§ 33-3-701. Commencement of Proceedings

 Judicial proceedings for the determination of whether a person may be transferred to a facility or continues to be eligible for treatment in a facility to which that person was transferred under part 3 or 4 of this chapter, may be commenced by filing a complaint in circuit court where the receiving department facility is located. The person or a parent, legal guardian, legal custodian, conservator, spouse or responsible relative of the person may initiate the review proceedings.
TN Code § 33-3-702 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 7 - Judicial Procedures for Review of Transfers|§ 33-3-702. Notice of Complaint and Hearing

 Upon receipt of a complaint the clerk shall mail notice of the filing and of the time and place of the hearing to the transferee and the plaintiff and shall mail notice and a copy of the complaint to the chief officers of the transferring facility and of the receiving facility and to the transferee's spouse, parent, responsible relative, legal guardian, legal custodian, or conservator. If mailing addresses are unknown, notice may be given by any other reasonable means.
TN Code § 33-3-703 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 7 - Judicial Procedures for Review of Transfers|§ 33-3-703. When Hearings Held — Continuances

 The hearing shall be held as soon as possible after the complaint was filed. At the request of counsel for the transferee, the hearing shall be continued for up to ten (10) days for preparation of the case.
TN Code § 33-3-704 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 7 - Judicial Procedures for Review of Transfers|§ 33-3-704. Transferee's Attorney

 The transferee's attorney shall notify the court of the representation immediately after accepting it. If the transferee or others on the transferee's behalf do not employ an attorney for the transferee, the court shall appoint an attorney to represent the transferee. An attorney representing the transferee shall not serve as guardian ad litem. If the court determines that the transferee is not able to understand the nature of the proceedings and cannot communicate with counsel in the conduct of the case, the court may appoint another person to serve as the transferee's guardian ad litem.
TN Code § 33-3-705 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 7 - Judicial Procedures for Review of Transfers|§ 33-3-705. Jury Trial

 Either party may demand a jury trial on the issues.
TN Code § 33-3-706 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 7 - Judicial Procedures for Review of Transfers|§ 33-3-706. Place of Hearings — Exclusion of Public

 The hearing shall be conducted in a place where the court is usually held or in a physical setting not likely to have a harmful effect on the mental condition of the transferee. No hearing shall be conducted in a jail or other custodial facility for the detention of persons charged with or convicted of criminal offenses unless the transferee is being held in connection with the offenses. The court shall determine the place of the hearing and may exclude the public from the hearing on motion of the transferee if the interests of the transferee and the public would best be served by exclusion.
TN Code § 33-3-707 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 7 - Judicial Procedures for Review of Transfers|§ 33-3-707. Evidence — Witnesses — Continuances — Presence or Exclusion of Transferee

  The court shall give the plaintiff, the transferee, and all other persons to whom the clerk is required to give notice of the proceeding an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses.   The transferee shall be present at the hearing unless the transferee waives the right to be present in writing. If the transferee's attorney shows that the transferee's physical health would be endangered by being at the hearing, the court may order a continuance until the risk is terminated. If the court determines that the transferee's conduct at the hearing is so violent or otherwise disruptive that it creates a serious risk of harm to the transferee or others at the hearing or so disrupts the proceedings that they cannot be conducted in a proper manner, the court may order the transferee restrained or excluded to the extent necessary to the proper conduct of the proceedings. If the transferee is not present at or is excluded from the hearing, the court shall make a written fact finding as to why the hearing is held in the transferee's absence.
TN Code § 33-3-708 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 7 - Judicial Procedures for Review of Transfers|§ 33-3-708. Hearings Informal

 The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure.