Section 33-5-403 - [Effective 7/1/2024] [Repealed Effective 7/1/2024] Prerequisites to involuntary commitment(a)IF AND ONLY IF
(1) a person has an intellectual disability, AND(2) the person poses a substantial likelihood of serious harm under § 33-6-501 because of the intellectual disability, AND(3) the person needs care, training, or treatment because of the intellectual disability, AND(4) all available less drastic alternatives to judicial commitment are unsuitable to meet the needs of the person, AND(5) the district attorney general files a complaint to require involuntary care and treatment under § 33-5-402, THEN
(6) the person may be judicially committed to involuntary care and treatment in the custody of the commissioner in proceedings conducted in conformity with chapter 3, part 6 of this title.(b)(1) There is a rebuttable presumption that a person meets the standards in subdivisions (a)(1)-(4) for judicial commitment if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to an intellectual disability.(2) The presumption established by subdivision (b)(1) may only be rebutted by clear and convincing evidence that the person does not pose a substantial likelihood of serious harm.Amended by 2024 Tenn. Acts, ch. 784,s 10, eff. 7/1/2024.Repealed by 2024 Tenn. Acts, ch. 688,s 91, eff. 7/1/2024.Acts 2000, ch. 947, § 1; 2010 , ch. 734, § 1.This section is set out more than once due to postponed, multiple, or conflicting amendments.