Belmont freshman Jillian Ludwig was shot and killed in 2023, after being hit by a stray bullet. Previously, the gunman had been found not competent to stand trial, but under Tennessee law, the judge still had to release Taylor because doctors didn't consider him a danger to himself or others.
As enacted, enacts "Jillian's Law," which makes various changes relative to being adjudicated as a mental defective or judicially committed to a mental institution, including requiring a person judicially committed to remain committed until the competency of the person to stand trial is restored or, if competency is unable to be restored but the person no longer meets the standard, until the court with criminal jurisdiction over the charges approves a mandatory outpatient treatment plan that accounts for the safety of the community. - Amends TCA Title 16; Title 33; Title 37; Title 39 and Title 40.
ADJUDICATION AS MENTAL DEFECTIVE IN CIRCUIT OR CRIMINAL COURTS
Present law requires those circuit courts or criminal courts wherein commitments to a mental institution are ordered or persons are adjudicated as mental defectives to enter a standing and continuing order instructing the clerk to collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution. A person may be adjudicated as a mental defective by a number of methods, including by a finding of insanity by a court in a criminal proceeding. This bill expands this provision so that a person may also be adjudicated as a mental defective based on a finding that a person is incompetent to stand trial in a criminal court.
Under present law and for purposes of this bill, "adjudicated as a mental defective" means a determination by a court that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) is a danger to such person or to others; or (ii) lacks the ability to contract or manage such person's own affairs due to mental defect.
ADJUDICATION AS MENTAL DEFECTIVE IN CHANCERY COURTS
Present law requires those chancery courts wherein commitments to a mental institution are ordered or persons are adjudicated as mental defectives to enter a standing and continuing order instructing the clerk to collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution. A person may be adjudicated as a mental defective by a number of methods, including by a finding of insanity by a court in a criminal proceeding. This bill expands this provision so that a person may also be adjudicated as a mental defective based on a finding that a person is incompetent to stand trial in a criminal court.
ADJUDICATION AS MENTAL DEFECTIVE IN GENERAL SESSIONS COURTS
Present law requires clerks of the general sessions courts wherein commitments to a mental institution are ordered or persons are adjudicated as mental defectives to collect information regarding adjudications of persons as mental defectives, to be reported to the FBI-NICS index and the department of safety. A person may be adjudicated as a mental defective by a number of methods, including by a finding of insanity by a court in a criminal proceeding. This bill expands this provision so that a person may also be adjudicated as a mental defective based on a finding that a person is incompetent to stand trial in a criminal court.
ADJUDICATION AS MENTAL DEFECTIVE IN COUNTY COURTS
Present law requires county or probate courts wherein commitments to a mental institution are ordered or persons are adjudicated as mental defectives to enter a standing and continuing order instructing the clerk to collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution. A person may be adjudicated as a mental defective by a number of methods, including by a finding of insanity by a court in a criminal proceeding. This bill expands this provision so that a person may also be adjudicated as a mental defective based on a finding that a person is incompetent to stand trial in a criminal court.
PREREQUISITES TO INVOLUNTARY COMMITMENT
Under present law, a person may be judicially committed to involuntary care and treatment in the custody of the commissioner of mental health and substance abuse only if the following occur:
(1) The person has an intellectual disability;
(2) The person poses a substantial likelihood of serious harm because of the intellectual disability;
(3) The person needs care, training, or treatment because of the intellectual disability;
(4) All available less drastic alternatives to judicial commitment are unsuitable to meet the needs of the person; and
(5) The district attorney general files a complaint to require involuntary care and treatment.
This bill establishes a rebuttable presumption that a person who has been charged with a criminal offense and found by a court to be incompetent to stand trial due to an intellectual disability poses a substantial likelihood of serious harm as required by (2) above.
MANDATORY COMMUNITY-BASED SERVICES FOR FELONY DEFENDANT FOUND INCOMPETENT TO STAND TRIAL
Under present law, only if a court with criminal jurisdiction finds on proof by clear and convincing evidence that an adult with an intellectual disability (i) charged with a felony, (ii) incompetent to stand trial, (iii) not committable under state law, and (iv) at risk of becoming committable; and the department certifies to the court that there are funds available within the limits of the department's line item appropriation for services under state law for service to the person, then the court is authorized to order the person to participate in community-based services under a plan approved and developed by the department of mental health and substance abuse services to attain and maintain competence to stand trial and reduce the risk of becoming committable.
This bill requires the court to order the person to participate in community-based services if the person meets the conditions described in the foregoing paragraph.
PREREQUISITES TO JUDICIAL COMMITMENT FOR INVOLUNTARY CARE AND TREATMENT
Under present law, a person may be judicially committed to involuntary care and treatment in a hospital or treatment resource only if the following are true:
(1) The person has a mental illness or serious emotional disturbance;
(2) The person poses a substantial likelihood of serious harm because of the mental illness or serious emotional disturbance;
(3) The person needs care, training, or treatment because of the mental illness or serious emotional disturbance; and
(4) All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person,
This bill establishes a rebuttable presumption that a person who has been charged with a criminal offense and found by a court to be incompetent to stand trial due to an intellectual disability poses a substantial likelihood of serious harm as required by (2) above.
MANDATORY COMMUNITY-BASED SERVICES FOR FELONY DEFENDANT FOUND INCOMPETENT TO STAND TRIAL BUT NOT COMMITTABLE
Under present law, only if a court with criminal jurisdiction holds a hearing to commit an adult with mental illness, and the court finds on proof by clear and convincing evidence that the person is: (i) charged with a felony, (ii) incompetent to stand trial, (iii) not committable under state law, and (iv) at risk of being committable, and the department certifies to the court that there are funds available within the limits of the department of mental health and substance abuse service's line item appropriation for services under this provision for service to the person, then the court may order the person to participate in community-based services under a plan approved and developed by the department of mental health and substance abuse services to attain and maintain competence to stand trial and reduce the risk of becoming committable.
This bill requires the court to order the person to participate in community-based services if the person meets the conditions described in the foregoing paragraph.
DEFINITION OF ADJUDICATED AS MENTAL DEFECTIVE UNDER CRIMINAL LAW
Under present law, a person may be adjudicated as a mental defective by a number of methods, including by a finding of insanity by a court in a criminal proceeding. This bill expands this provision so that a person may also be adjudicated as a mental defective based on a finding that a person is incompetent to stand trial in a criminal court.
UNLAWFUL CARRYING OR POSSESSION OF A WEAPON
Present law describes offenses relative to unlawful carrying or possession of a weapon and the according penalties. This bill establishes that a person commits an offense who carries or possesses a firearm and has been adjudicated as a mental defective or judicially committed to a mental institution. This offense is punishable as a Class A misdemeanor.
SALES OF DANGEROUS WEAPONS
Under present law, it is an offense for a person to purchase or attempt to purchase a firearm knowing that the person is prohibited by state or federal law from owning, possessing, or purchasing a firearm. This bill establishes that it is an offense for a person to knowingly purchase or attempt to purchase a firearm if the person has been judicially committed to a mental institution or adjudicated as a mental defective.
ON APRIL 15, 2024, THE HOUSE ADOPTED AMENDMENTS #1, #2, AND #3 AND PASSED HOUSE BILL 1640, AS AMENDED.
AMENDMENT #1 makes the following changes to the bill:
(1) Names the bill "Jillian's Law";
(2) Permits a person who has been adjudicated as a mental defective or judicially committed to a mental institution under this bill to petition the appropriate court that entered the judicial commitment or adjudication order for relief from the firearm disabilities imposed by the adjudication or judicial commitment. However, the person may not petition the court until three years from the date of release from commitment or the date of the adjudication order, whichever is later;
(3) Clarifies that there is a rebuttable presumption that a person meets the standards for judicial commitment if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to an intellectual disability, and this presumption may only be rebutted by clear and convincing evidence that the person does not pose a substantial likelihood of serious harm;
(4) Adds that a person judicially committed must remain committed until the
competency of the person to stand trial is restored or, if competency is unable to be
restored but the person no longer meets the standard set in present law, until the court
with criminal jurisdiction over the charges approves a mandatory outpatient treatment
plan that accounts for the safety of the community;
(5) Clarifies that there is a rebuttable presumption that a person meets the standard for admission to treatment facility for emergency admission to a hospital or treatment resource if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness, and the presumption established in this amendment may only be rebutted by clear and convincing evidence that the person does not pose an immediate substantial likelihood of serious harm;
(6) Clarifies that the rebuttable presumption is for a person who meets the standard for judicial commitment if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness and that this presumption may only be rebutted by clear and convincing evidence that the person does not pose a substantial likelihood of serious harm;
(7) Adds that if a person is committed involuntarily by a criminal or juvenile court after being found incompetent to stand trial or if the criminal or juvenile court determines at the time of commitment that, due to the nature of the person's criminal conduct that created a serious risk of physical harm to other persons, the person must not be discharged from the commitment without proceedings under present law to review eligibility for discharge, then the hospital must proceed under present law to effect discharge from the commitment; and
(8) Adds that an admission must remain in effect until the competency of the person to stand trial is restored or, if competency is unable to be restored, until the court with criminal jurisdiction over the charges approves a mandatory outpatient treatment plan that accounts for the safety of the community.
AMENDMENT #2 revises the bill to authorize a rebuttable presumption that a person meets the standard for emergency admission to a hospital or treatment resource if the person was charged with a felony or Class A misdemeanor and found by a court to be incompetent to stand trial for the offense due to mental illness, to only be rebutted by clear and convincing evidence that the person does not pose an imminent, instead of immediate, substantial likelihood of serious harm.
AMENDMENT #3 makes a technical correction.
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