House Bill 625, sponsored by Hardaway, amends Tennessee Code Annotated to establish a rebuttable presumption regarding mental health evaluations for individuals charged with certain offenses. Specifically, the bill adds a new subsection (b) to Section 33-6-401, which states that if a person is charged with an offense that requires them to serve at least 85% of their sentence before becoming eligible for release, there is a presumption that they meet the criteria for emergency detention and examination. This presumption can only be challenged by clear and convincing evidence demonstrating that the individual does not pose an imminent substantial likelihood of serious harm.

The bill aims to streamline the process for evaluating the mental health of defendants in serious criminal cases, ensuring that those who may be incompetent to stand trial or whose mental capacity at the time of the crime is in question receive appropriate evaluations. The act is set to take effect on July 1, 2025, emphasizing the importance of addressing mental health issues within the criminal justice system.

Statutes affected:
Introduced: 33-6-401