Section 0940-03-11-.07 - TRANSFER FROM MTMHI FORENSIC SERVICES PROGRAM TO THE DEPARTMENT OF CORRECTION(1) The Chief Officer of MTMHI may order a service recipient's return to the Department of Correction more than five (5) days after the transfer, excluding Saturdays, Sundays and legal holidays, if:(a) A service recipient no longer meets the standards for transfer specified in Rule 0940-03-11-.05(1)(a) or (b); or(b) Residential care and treatment in the facility is no longer advisable or beneficial.(2) Not less than seventy-two (72) hours in advance of the transfer, the Chief Officer of MTMHI shall: (a) Ensure that the service recipient receives a signed statement notifying the service recipient of the authorized transfer; a receipt of transfer notification; a form to object to the transfer; and(b) Provide the opportunity for the service recipient to sign the receipt of transfer notification at the time the notice is delivered. If the service recipient refuses to sign the acknowledgement, the person who delivers the notice of the transfer shall, in the presence of a witness, write on the receipt, "refused to sign receipt." After the service recipient either signs or fails to sign the acknowledgement of receipt, it shall be co-signed by the person who delivered the notice and a witness. The completed acknowledgement of receipt shall be kept on file in the office of the Chief Officer.(3) If the service recipient does not object to the transfer within seventy-two (72) hours of receiving the transfer notice of the proposed return, the service recipient shall be returned to the Department of Correction.(4) If the service recipient objects to the transfer within seventy-two (72) hours of receiving the transfer notice, the Chief Officer of MTMHI shall convene a transfer committee, as defined by T.C.A. § 33-3-404 et seq., to review the decision not less than seven (7) days or more than fourteen (14) days thereafter.(5) The transfer committee shall approve the transfer if it determines that the service recipient no longer meets the standards specified in Rule 0940-03-11-.05(1)(a) or (b) or that residential care and treatment in the facility are no longer advisable or beneficial.(6) The decision of the transfer committee approving or disapproving a transfer from the MTMHI Forensic Services Program is final and not subject to judicial review.Tenn. Comp. R. & Regs. 0940-03-11-.07
Original rule filed March 18, 2010; effective June 16, 2010 .Authority: T.C.A. §§ 4-4-103;33-1-201; 33-1-202; 33-1-203; 33-1-204; 33-1-302; 33-1-305; 33-3-408; and 33-4-409.