Tennessee

Below are the key provisions of the state's competency statutes and court rules. It is important to note jurisdictions may have informal procedures in addition to the rules listed. The information provided is limited to what is contained in the written rules and statutes and does not include any case law or analysis of how these rules have been interpreted or applied. Users are encouraged to use this data as a starting point for understanding the competency processes in the state and how those processes compare to other states.

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Key Information

Relevant Statutes and Rules

Tenn. Code Ann. § 33-7-301 through 33-7-405

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1

Tenn. Code Ann. § 33-7-301(a)(1) (West)

Qualifications of examiners

"community mental health center or licensed private practitioner designated by the commissioner to serve the court or, if the evaluation cannot be made by the center or the private practitioner, on an outpatient basis by the state hospital or the state-supported hospital designated by the commissioner to serve the court"

Tenn. Code Ann. § 33-7-301(a)(1) (West)

What must the evaluation report contain

None stated.

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Inpatient if defendant meets criteria for judicial commitment.
"There is a rebuttable presumption that a person meets the standard in subsection (a) 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 mental illness.
(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."

Tenn. Code Ann. § 33-6-502(b)

Outpatient community-based services required if the defendant (1) is charged with a felony, (2) incompetent to stand trial, (3) not committable, and (4) at risk of becoming committable, and department certifies there are funds available for services to the defendant.

Tenn. Code Ann. § 33-7-401 (West)

What is the test for restorability

None stated.

What is the procedure after restoration

"When the chief officer determines that a defendant in a state hospital or treatment resource who is charged with a crime is restored to competence to stand trial, the chief officer shall give notice of that fact to the clerk of the court by whose order the defendant was confined and deliver the defendant to the sheriff of the county from which the defendant was admitted."

Tenn. Code Ann. § 33-7-302 (West)

What is the procedure if there is a finding of unrestorability

None stated.

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

"any misdemeanor charges pending at the time of the incompetency determination shall be retired no later than two years after the date of arrest"

Tenn. Code Ann. § 33-7-301 (West)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

Misdemeanor: 2 years

Tenn. Code Ann. § 33-7-301(d) (West)

2 years for community-based services plan.

Tenn. Code Ann. § 33-7-405 (West)

None specified for felony/inpatient.

National Database

Additional state-level data can be found in our Competency Data Summary Spreadsheets and accompanying Competence Information Guide.

See the full data

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice. 

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