POST-TRIAL SERVICES - Adults
A post-trial evaluation (T.C.A.§33-7-303(a)) is an outpatient evaluation of an adult that has been found by the court not criminally responsible or “not guilty by reason of insanity”. The purpose of this evaluation is for determination of committability (Title 33, Chapter 6, Part 5) or, if not committable, the need for mental health services or the need for mental health services with supervision in the community under Mandatory Outpatient Treatment (T.C.A.§ 33-7-303(b)).
Following the outpatient evaluation, if the court finds that the individual meets commitment criteria, the court can issue an order for indefinite hospitalization under T.C.A. Section 33-7-303(c). The length of stay depends on the defendant’s progress in treatment and continued committability. The individual remains in the hospital as long as he/she remains committable. When no longer committable, the defendant may be released to the community with follow-up mental health services by an outpatient provider or released with supervision in the community under Mandatory Outpatient Treatment (Title 33, Chapter 6, Part 6, Tennessee Code Annotated).
POST-CONVICTION EVALUATIONS (T.C.A.§33-7-301(a) (4))
During the post-conviction stage of a criminal proceeding, if it is believed that a defendant is incompetent to assist counsel in preparation for, or otherwise participate in, the post-conviction proceeding, the court may, upon its own motion, order that the defendant be evaluated on either an outpatient or inpatient basis, as may be appropriate. If the defendant is indigent, the amount and payment of the costs for any such evaluation shall be determined and paid for by the administrative office of the courts. If the defendant is not indigent, the cost of the evaluation shall be charged as court costs. If the evaluation can not be completed on an outpatient basis and if it is necessary to hospitalize the defendant in a department facility, such hospitalization shall not be for more than thirty (30) days and shall be subject to the availability of suitable accommodations. Any costs incurred by the administrative office of the courts shall be absorbed within the current appropriation for the indigent defense fund.
There are two other types of post-conviction evaluations which a court may order for someone convicted of a capital offense. One is a determination of whether or not the defendant suffers from intellectual disabillity, and another is an evaluation of the defendant's mental condition at the time of the offense, if such an evaluation was not previously ordered.
These evaluations must be conducted by an outpatient evaluator first, and the defendant is only hospitalized for further evaluation if the outpatient evaluator recommends inpatient evaluation.