Felony defendant incompetent to stand trial

The court with criminal jurisdiction shall order a person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable only if: (1) The court finds on proof by clear and convincing evidence that the adult with an intellectual disability is: (A) Charged with a felony; (B) Incompetent to stand trial; (C) Not committable under § 52-5-404 ; and (D) At risk of becoming committable; and (2) The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024. The court with criminal jurisdiction shall order a person to participate in community-based services under a plan approved and developed by the department to attain and maintain competence to stand trial and reduce the risk of becoming committable only if: (1) The court finds on proof by clear and convincing evidence that the adult with an intellectual disability is: (A) Charged with a felony; (B) Incompetent to stand trial; (C) Not committable under § 52-5-404 ; and (D) At risk of becoming committable; and (A) Charged with a felony; (B) Incompetent to stand trial; (C) Not committable under § 52-5-404 ; and (D) At risk of becoming committable; and (2) The department certifies to the court that there are funds available within the limits of the department's line-item appropriation for services under this section for service to the person. Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.