2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 6 - SECURE UNITS AND FORENSIC SERVICES (§§ 52-6-101 — 52-6-103) › Section 52-6-102 - Outpatient evaluation; court-ordered hospitalization; reports

(a)
If a defendant with an intellectual or developmental disability who is charged with a criminal offense is believed to be incompetent to stand trial, or there is a question about the defendant's mental capacity at the time of the commission of the crime, then the criminal, circuit, or general sessions court judge may, upon the judge's own motion or upon petition by the district attorney general or by the attorney for the defendant and after hearing, order the defendant to be evaluated on an outpatient basis. The evaluation must be done by an evaluator designated by the commissioner to serve the court. If the evaluator concludes that further evaluation and treatment are needed, only then may the court order the defendant admitted, and, if in a department facility, in the custody of the commissioner for not more than thirty (30) days for further evaluation and treatment for competence to stand trial subject to the availability of suitable accommodations.
(b)
At any stage of a felony criminal proceeding, including a pretrial hearing, trial, sentencing, or post-conviction proceeding, the state may move or petition the court to authorize the district attorney general to designate a qualified expert to examine the defendant if the defendant gives notice that the defendant intends to offer testimony about the defendant's mental condition, whether in support of a defense of insanity or for any other purpose. The court may authorize the district attorney general to designate a qualified expert, who is willing to be appointed, to examine the defendant, if:
(1)
An evaluator under subsection (a) notifies the court in a pretrial proceeding that the type or extent of assessment required exceeds the expertise or resources available to the evaluator or exceeds. the scope of analysis of the defendant's competence to stand trial; or
(2)
In any other type of felony criminal proceeding., the court determines that examination of the defendant by a qualified expert for the state is necessary to adjudicate fairly the matter before it.
(c)
The amount and payment of expert fees must be determined and paid by the district attorneys general conference.
(d)
(1)
Except as provided in subdivision (d)(2), during the post-conviction stage of a criminal proceeding, if it is believed that a defendant is incompetent to assist counsel in preparation for, or otherwise participate in, the post-conviction proceeding, then the court may, upon its own motion, order that the defendant be evaluated on either an outpatient or inpatient basis, as may be appropriate. If the defendant is indigent, then the amount and payment of the costs for the evaluation must be determined and paid for by the administrative office of the courts. If the defendant is not indigent, then the cost of the evaluation must be charged as court costs. If the evaluation cannot be done on an outpatient basis and if it is necessary to admit the defendant in a department facility, then admission must not be for more than thirty (30) days and is subject to available suitable accommodations. Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent must determine that the receiving department facility has available suitable accommodations. Any costs incurred by the administrative office of the courts must be absorbed within the current appropriation for the indigent defense fund.
(2)
In a post-conviction proceeding in a capital case, if there is a question on the defendant's mental condition at the time of the commission of the crime when there has been no such prior evaluation or a question as to whether the defendant is intellectually disabled, then the court may, upon its own motion or upon petition by the district attorney general or by the attorney for the defendant, and, if the matter is contested, after a hearing, order that the defendant be evaluated on an outpatient basis. If the outpatient evaluator concludes that an inpatient evaluation is necessary, only- then may the court order the defendant to be admitted for not more than thirty (30) days.
(e)
(1)
Prior to transporting a defendant for such evaluation and treatment in a department facility, the sheriff or other transportation agent must determine that the receiving department facility has available suitable accommodations.
(2)
If a defendant is found to be incompetent to stand trial, then any misdemeanor charges pending at the time of the incompetency determination must be retired no later than eleven (11) months and twenty-nine (29) days after the date of arrest when the misdemeanor charge or charges have not otherwise been disposed of, except that misdemeanor charges must not be retired pursuant to this subsection (e) if the defendant is restored to competency prior to the date on which the misdemeanor charge or charges would have otherwise been retired under this subsection (e).
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.