TCA § 33-7-303 — Judicial hospitalization or outpatient treatment of person judged not guilty by reason of insanity — Transfer to forensic services unit — Appeal — Cost of treatment

When a person charged with a criminal offense is acquitted of the charge on a verdict of not guilty by reason of insanity at the time of the commission of the offense, the criminal court shall immediately order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the court. When a person charged with a felony criminal offense under title 39, chapter 13, is found not guilty by reason of insanity at the time of the commission of the offense and that person is in custody at the time of the verdict, the court may order that the person remain held without bond following the verdict, for the purpose of receiving an outpatient evaluation performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the court. In such cases, the court shall immediately enter an order to hold the person without bond for the purpose of receiving the evaluation and shall order that the evaluation be completed within thirty (30) days of receipt of the court order by the examining professional. Following diagnosis and evaluation, if certification is provided that the person is committable under chapter 6, part 5 of this title, the district attorney general shall file a complaint in the criminal court for judicial commitment under chapter 6, part 5 of this title. If certification is not provided that the person is committable under chapter 6, part 5 of this title, the district attorney general shall file a complaint in the criminal court for an order requiring the person to participate in outpatient treatment under this subsection (b). If the court does not commit the person under chapter 6, part 5 of this title and the court determines that the person's condition resulting from mental illness is likely to deteriorate rapidly to the point that the person will pose a substantial likelihood of serious harm under § 33-6-501 unless treatment is continued, the court may order the person to participate in outpatient treatment. Otherwise, the court may not order the person to participate in outpatient treatment. The obligation to participate in outpatient treatment continues until it is terminated by the court under subdivision (b)(4). If the court orders the person to participate in outpatient treatment and the person does not comply with the treatment plan, the qualified mental health professional shall notify the district attorney general of the noncompliance, and the district attorney general may move the criminal court to cite the person for civil or criminal contempt of court for the noncompliance and may file a complaint in the criminal court under chapter 6, part 5 of this title. The qualified mental health professional shall file a report with the district attorney general every six (6) months as to the person's continuing need for treatment. The court shall terminate the obligation to participate in outpatient treatment when it determines that the person is no longer subject to the obligation under subdivision (b)(2). The court is vested with jurisdiction to conduct proceedings authorized by this subsection (b). Following the hearing conducted by the criminal court under chapter 6, part 5, of this title, if the court finds that the person meets the commitment standards under chapter 6, part 5 of this title, the court shall enter an order of judicial hospitalization and transfer the person to the custody of the commissioner subject to department rules governing release procedures. If the court further finds that: The person is substantially likely to injure the person or others if the person is not treated in a forensic services unit; and Treatment in the unit is in the person's best interests, the person shall be transferred into the custody of the commissioner at a forensic services unit designated by the commissioner subject to the provisions of § 33-7-203. If the court commits a person under this subsection (c), the person comes into the commissioner's custody only if the commissioner determines that a facility has 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. Prior to transporting a defendant for commitment in a department facility, the sheriff or other transportation agent shall determine that the receiving facility has available suitable accommodations. Either party may appeal a final adjudication under this section to the court of criminal appeals. The criminal court, in a trial before a jury in which the issue of insanity at the time of the commission of the offense is raised, shall instruct the jury before it begins deliberation as to the provisions of this section. The cost of treatment incurred as a result of the outpatient treatment and evaluation required in subdivision (b)(2) shall be taxed as court costs. When a person charged with first degree murder or a Class A felony offense under title 39, chapter 13, is found not guilty by reason of insanity at the time of the commission of the offense, the trial court shall immediately order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the trial court to determine if the person should be committed to inpatient hospitalization under chapter 6, part 5 of this title. If the person was in custody at the time of the verdict, the trial court shall immediately order the person to remain held without bond following the verdict of not guilty by reason of insanity, for purposes of receiving the outpatient evaluation. The trial court shall order that the outpatient evaluation be completed within thirty (30) days of receipt of the court order by the examining community mental health agency or licensed private practitioner. If, after outpatient evaluation, the person is committed to inpatient hospitalization under chapter 6, part 5 of this title, the person shall only be discharged from inpatient hospitalization subject to a court order by the trial court to participate in outpatient treatment. If, after outpatient evaluation, the person is not committed to inpatient hospitalization under chapter 6, part 5 of this title, the trial court shall order the person to participate in outpatient treatment. Any person currently committed to inpatient hospitalization under chapter 6, part 5 of this title, who was charged with first degree murder or a Class A felony offense under title 39, chapter 13, and found not guilty by reason of insanity at the time of the commission of the offense, shall only be discharged from inpatient hospitalization subject to a court order by the trial court to participate in outpatient treatment. Any person ordered by the trial court to participate in outpatient treatment under this subsection (g) shall do so for an initial mandatory period of six (6) months. Upon completion of the initial six-month period, the trial court shall review the person's need for continued court-ordered outpatient treatment. If the trial court determines that continued outpatient treatment is appropriate, then the trial court may order the continuation of outpatient treatment beyond the initial six (6) month period. Thereafter, the trial court shall review the person's need for continued court-ordered outpatient treatment on an annual basis. The trial court shall consider the following factors when determining the appropriateness of ordering a person to continued outpatient treatment beyond the initial six-month period under this subsection (g): The likelihood that harm will occur unless the person remains under court-ordered outpatient treatment; The likelihood that the person will voluntarily participate in outpatient treatment; The person's history of compliance with outpatient treatment plans; and Any other factor that the trial court deems appropriate for purposes of evaluating the person's need for court-ordered outpatient treatment.