SB1865113th GA (Historical)Introduced

Amends TCA Title 8, Chapter 8 and Title 33.

RELEASE OR TRANSFER PRIOR TO HEARING Present law provides that if a defendant who was admitted to a hospital for treatment of mental illness or serious emotional disturbance no longer meets the standards under which their admission took place and they are discharged, or a defendant is otherwise released from emergency involuntary admission to inpatient treatment before the defendant's hearing for probable cause to keep them involuntarily committed for care for up to 15 days, then the chief officer of the hospital or treatment facility where the defendant was treated ("chief officer") must notify the court that ordered the defendant's emergency diagnosis, evaluation, and treatment. This bill requires that, in addition to notifying the court, the chief officer also notify the law enforcement agency, if applicable, that transported the defendant to the hospital or treatment facility. RELEASE OF DEFENDANT IF FINDINGS NOT MADE BY COURT Present law requires the court to order the release of the defendant from the hospital or treatment facility and terminate the court proceedings relative to the defendant's emergency involuntary admission to inpatient treatment if the court does not find the following: (1) There is probable cause to believe that the defendant is subject to care and treatment via nonemergency involuntary admission; and (2) There is probable cause to believe that if involuntary treatment is not continued, the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would be again admissible for emergency involuntary treatment. This bill requires that the court also notify the law enforcement agency that transported the defendant to the hospital or treatment facility, if the court determines that the defendant should be released under this provision. RELEASE OF DEFENDANT IF CHIEF OFFICER DETERMINES CERTIFICATES OF NEED NOT SUPPORTED BY FACTS Present law requires the chief officer, if the chief officer determines that the defendant's condition does not support the filing of the certificates of medical examiners to show probable cause with the court, to release the defendant five days (excluding Saturdays, Sundays, and holidays) from the date of the general sessions court's original order to hold the defendant. The chief officer must release the defendant unless the general sessions court has ordered the defendant's further care and treatment or the defendant has been committed for involuntary nonemergency treatment. The chief officer must release the defendant not later than 15 days after the probable cause hearing unless a complaint is filed under the law relative to involuntary nonemergency care. This bill requires that if the chief officer releases the defendant pursuant to this provision, the chief officer must notify the law enforcement agency that transported the defendant to a medical care facility that the defendant was released. DISCHARGE OF PERSON ELIGIBLE FOR RELEASE Present law requires the chief officer, if they determine that a person is eligible for discharge after considering the reports of the physicians and other relevant information because the person no longer needs care, to order the immediate release of the person and notify the committing court. This bill requires that the chief officer, in addition to notifying the committing court, also notify the law enforcement agency that transported the person to the hospital or treatment facility for care. DISCHARGE PROCEDURE FOR INVOLUNTARILY COMMITTED PERSONS Present law requires that the chief officer notify the committing court if they conclude that a person is eligible for discharge from treatment relative to the law for mental health services. The chief officer must notify the committing court of their conclusion and the basis for it, as well the outpatient treatment plan if the person was discharged from outpatient services. The court clerk must send a copy of the complete notice and plan to the person's counsel and to the district attorney general for the jurisdiction in which the committing court is located. This bill requires that the clerk additionally send the complete notice and plan to the law enforcement agency that transported the person to the hospital or treatment facility.

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Overview

RELEASE OR TRANSFER PRIOR TO HEARING Present law provides that if a defendant who was admitted to a hospital for treatment of mental illness or serious emotional disturbance no longer meets the standards under which their admission took place and they are discharged, or a defendant is otherwise released from emergency involuntary admission to inpatient treatment before the defendant's hearing for probable cause to keep them involuntarily committed for care for up to 15 days, then the chief officer of the hospital or treatment facility where the defendant was treated ("chief officer") must notify the court that ordered the defendant's emergency diagnosis, evaluation, and treatment. This bill requires that, in addition to notifying the court, the chief officer also notify the law enforcement agency, if applicable, that transported the defendant to the hospital or treatment facility. RELEASE OF DEFENDANT IF FINDINGS NOT MADE BY COURT Present law requires the court to order the release of the defendant from the hospital or treatment facility and terminate the court proceedings relative to the defendant's emergency involuntary admission to inpatient treatment if the court does not find the following: (1) There is probable cause to believe that the defendant is subject to care and treatment via nonemergency involuntary admission; and (2) There is probable cause to believe that if involuntary treatment is not continued, the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would be again admissible for emergency involuntary treatment. This bill requires that the court also notify the law enforcement agency that transported the defendant to the hospital or treatment facility, if the court determines that the defendant should be released under this provision. RELEASE OF DEFENDANT IF CHIEF OFFICER DETERMINES CERTIFICATES OF NEED NOT SUPPORTED BY FACTS Present law requires the chief officer, if the chief officer determines that the defendant's condition does not support the filing of the certificates of medical examiners to show probable cause with the court, to release the defendant five days (excluding Saturdays, Sundays, and holidays) from the date of the general sessions court's original order to hold the defendant. The chief officer must release the defendant unless the general sessions court has ordered the defendant's further care and treatment or the defendant has been committed for involuntary nonemergency treatment. The chief officer must release the defendant not later than 15 days after the probable cause hearing unless a complaint is filed under the law relative to involuntary nonemergency care. This bill requires that if the chief officer releases the defendant pursuant to this provision, the chief officer must notify the law enforcement agency that transported the defendant to a medical care facility that the defendant was released. DISCHARGE OF PERSON ELIGIBLE FOR RELEASE Present law requires the chief officer, if they determine that a person is eligible for discharge after considering the reports of the physicians and other relevant information because the person no longer needs care, to order the immediate release of the person and notify the committing court. This bill requires that the chief officer, in addition to notifying the committing court, also notify the law enforcement agency that transported the person to the hospital or treatment facility for care. DISCHARGE PROCEDURE FOR INVOLUNTARILY COMMITTED PERSONS Present law requires that the chief officer notify the committing court if they conclude that a person is eligible for discharge from treatment relative to the law for mental health services. The chief officer must notify the committing court of their conclusion and the basis for it, as well the outpatient treatment plan if the person was discharged from outpatient services. The court clerk must send a copy of the complete notice and plan to the person's counsel and to the district attorney general for the jurisdiction in which the committing court is located. This bill requires that the clerk additionally send the complete notice and plan to the law enforcement agency that transported the person to the hospital or treatment facility.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 23, 2024

Subjects
313543752715

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SB1865: Amends TCA Title 8, Chapter 8 and Title 33. | LegisGo