Present law prohibits a person from being discharged from involuntary commitment (i) if the person is committed involuntarily by a criminal or juvenile court under nonemergency involuntary admission to inpatient treatment after being found incompetent to stand trial or (ii) if the criminal or juvenile court determines at the time of commitment that, due to the nature of the person's criminal conduct that created a serious risk of physical harm to other persons, the person should not be discharged without proceedings to review eligibility for discharge. This bill revises this provision by expanding the requirement of proceedings to review eligibility for discharge to any person who is involuntarily committed. DISCHARGE PROCEDURE When the chief officer of the applicable public or private hospital determines that the person is eligible for discharge, present law requires the chief officer to notify the committing court of that conclusion, of the basis for it, and, for certain discharges, of the outpatient treatment plan approved by the releasing facility and the qualified mental health professional for the person. The court clerk is then required to send a copy of the chief officer's notice of discharge and the outpatient treatment plan to the person's counsel and the district attorney for the jurisdiction in which the committing court is located. This bill revises the above provisions by (i) requiring the court clerk to send a copy of the chief officer's notice of discharge and the outpatient treatment plan to the person's next of kin and the Tennessee bureau of investigation and (ii) limiting such notice going to the district attorney general for the jurisdiction in which the committing court is located and the judicial district in which the person resides to only those instances where the person was committed involuntarily by a criminal or juvenile court under nonemergency involuntary admission to inpatient treatment after being found incompetent to stand trial or where the criminal or juvenile court determines at the time of commitment that, due to the nature of the person's criminal conduct that created a serious risk of physical harm to other persons, the person should not be discharged from the commitment without proceedings to review eligibility for discharge. DISCHARGE HEARING If the court sets a hearing, present law requires the hearing to be held within 21 days of the court's receipt of notice from the chief officer. The person must attend the hearing, unless the person's presence is waived in writing by counsel before the hearing. If the person does not have counsel, the court must appoint counsel to represent the person throughout the proceedings and any appeal. The person's counsel must advocate for the least drastic alternative to commitment, unless directed otherwise by the person. Compensation of appointed counsel for the person must be pursuant to Tennessee Rules of the Supreme Court, Rule 15. Following the hearing, present law provides that if the court finds by clear, unequivocal, and convincing evidence that the person is not eligible for discharge, then the court must order the person's return to the hospital under the original commitment. If the court finds otherwise, it must order the person's release from involuntary commitment in accordance with the recommendations of the chief officer. This bill removes all of these provisions and, instead, requires that the person be discharged in conformity with this bill.

Statutes affected:
Introduced: 33-6-708, 33-6-706