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 determining mental competency in criminal cases, ensuring that individuals who may be mentally unfit for trial receive appropriate evaluations. The new provisions will take effect on July 1, 2025, emphasizing the importance of mental health considerations in the criminal justice system.

Statutes affected:
Introduced: 33-6-401