(a) (1) The sheriff in a county in which a person with mental illness or serious emotional disturbance is to be transported under part 4 or 5 of this chapter, shall transport the person except for persons who are transported by:
(A) A secondary transportation agent under this section;
(B) A municipal law enforcement agency that meets the requirements for a secondary transportation agent under this section and is designated by the sheriff;
(C) A person authorized under other provisions of this title; or
(D) One or more friends, neighbors, other mental health professionals familiar with the person, relatives of the person, or a member of the clergy.
(2) The sheriff may designate a secondary transportation agent or agents for the county for persons with mental illness or serious emotional disturbance whom a physician or mandatory prescreening authority has evaluated and determined do not require physical restraint or vehicle security. A secondary transportation agent shall be available twenty-four (24) hours per day, provide adequately for the safety and security of the person to be transported, and provide appropriate medical conditions for transporting persons for involuntary hospitalization. The sheriff shall take into account in designating a secondary transportation agent or a municipal law enforcement agency both its funding and the characteristics of the persons who will be transported. The sheriff shall consult with the county mayor before designating a secondary transportation agent. A secondary transportation agent has the same duties and authority under this chapter in the detention or transportation of those persons as the sheriff. The designation of a transportation agent other than the sheriff is a discretionary function under § 29-20-205. If a mandatory prescreening agent, physician, or licensed psychologist with health service provider designation, who is acting under § 33-6-404(3)(B), determines that the person does not require physical restraint or vehicle security, then any person identified in subdivision (a)(1)(D) may, instead of the sheriff, transport the person at the transporter's expense.
(b) Transportation of persons to be involuntarily hospitalized is the responsibility of the county in which the person is initially detained. The sheriff or secondary transportation agent providing transportation may bill the county of residence for transportation costs.
(c) The department shall provide training on mental health crisis management for transportation agents and the sheriffs' personnel.
[Acts 2000, ch. 947, § 1; 2003, ch. 90, § 2; 2003, ch. 210, § 1.]
Compiler's Notes. Former chapter 6, §§ 33-6-101 - 33-6-111; 33-6-201 - 33-6-209; 33-6-301 - 33-6-306 (Acts 1957, ch. 288, §§ 1-5; impl. am. Acts 1957, ch. 127, §§ 1, 3, 4; 1963, ch. 315, §§ 1, 2; 1965, ch. 38, §§ 37-40, 43, 45, 46; 1967, ch. 44, § 1; 1967, ch. 58, § 1;1973, ch. 127, § 11; 1974, ch. 464, § 3; 1974, ch. 802, §§ 43, 45, 46, 52, 53; 1975, ch. 199, §§ 1-3; 1975, ch. 248, §§ 1, 14, 16-18; 1976, ch. 610, § 1; 1976, ch. 763, § 5; 1976, ch. 764, §§ 2, 3; 1977, ch. 165, § 1; 1977, ch. 386, § 2; 1977, ch. 449, §§ 1, 2; 1978, ch. 527, §§ 5, 6; 1980, ch. 621, § 1; 1981, ch. 224, §§ 25-27; 1981, ch. 445, § 1; 1981, ch. 449, § 2(21); 1981, ch. 536, § 1; 1982, ch. 862, § 1, 3-11; 1983, ch. 323, §§ 8, 9, 11, 13, 14, 17-22, 24; T.C.A., § 33-314, 33-325, 33-603, 33-601, 33-604, 33-606 - 33-609, 33-614 - 33-619; 33-379 - 33-381, 33-1301 - 33-1305, 33-3-620 - 33-3-622, 33-6-203 - 33-6-205; Acts 1984, ch. 922, § 8, 11-16, 23-25, 27, 28-32, 39, 40; 1985, ch. 437, §§ 14-25; 1985, ch. 478, § 37; Acts 1986, ch. 595, §§ 1, 2; 1986, ch. 836, §§ 4, 6; 1987, ch. 145, § 26; 1988, ch. 862, §§ 1-5; 1988, ch 953, § 8; 1989, ch. 99, § 1; 1989, ch. 311, §§ 1-4; 1989, ch. 513, §§ 3, 15-17; 1990, ch. 630, §§ 1, 2; 1992, ch. 893, §§ 1, 2; 1992, ch. 991, §§ 15, 16; 1993, ch. 356, §§ 1-3; 1993, ch. 376, §§ 1-4; 1994, ch. 676, § 1; 1994, ch. 779, § 1; 1996, ch. 1079, §§ 57-66; 2000, ch. 947, § 6), is deleted and replaced in the revision of title 33 by Acts 2000, ch. 947, § 1, effective March 1, 2001.
Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all the changes in supplements and replacement volumes for the Tennessee Code Annotated.