Tennessee Code Annotated
Tenn. Code Ann. § 33-6-602 (2026)
Release from hospitalization subject to outpatient treatment
✓ current as of May 2026
IF
- (1) on the basis of a review of the person's history before and during hospitalization, the hospital staff concludes that:
- (A) the person has a mental illness or serious emotional disturbance or has a mental illness or serious emotional disturbance in remission,
- (B) the person's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the person will pose a likelihood of serious harm under § 33-6-501 unless treatment is continued,
- (C) the person is likely to participate in outpatient treatment with a legal obligation to do so,
- (D) the person is not likely to participate in outpatient treatment unless legally obligated to do so, and
- (E) mandatory outpatient treatment is a suitable less drastic alternative to commitment,
THEN
- (2) the person shall be eligible for discharge subject to the obligation to participate in any medically appropriate outpatient treatment, including, but not limited to, psychotherapy, medication, or day treatment, under a plan approved by the releasing facility and the outpatient qualified mental health professional.
Acts 1982, ch. 862, § 4; 1983, ch. 323, §§ 19, 20, 22; T.C.A., § 33-615; Acts 1984, ch. 922, §§ 24, 25; 1985, ch. 437, § 21; T.C.A., § 33-6-201(b); Acts 2000, ch. 947, § 1.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2012–2026 · leading case: State of Tennessee v. Kenneth Ryan Mallady (Tenn. Crim. App. 2012).
State of Tennessee v. Kenneth Ryan Mallady (Tenn. Crim. App. 2012). “” T.C.A. § 33-6-602 (2006). For the purposes of this inquiry, a person poses a likelihood of serious harm “if and only if” either (1) the person has threatened or attempted -6- suicide or the infliction of serious bodily harm on himself, (2) the person has threatened or…”
State of Tennessee v. David Cloar (Tenn. Crim. App. 2016). “” Tenn. Code Ann. § 33-6-602 (1) (emphases added).”
State of Tennessee v. Kenneth Ryan Mallady (Tenn. Crim. App. 2015). “Section 33-6-602; [The Defendant] is, without good cause, out of compliance with the treatment plan; Given that the present whereabouts of [the Defendant] is unknown, the Court has reason to believe that the noncompliance is not likely to be corrected voluntarily.”
Anderson (E.D. Tenn. 2026). “§ 33-6-706 [involuntary commitment], the chief officer shall notify the committing court of that conclusion, of the basis for it, and, if the discharge is under § 33-6-602, of the outpatient treatment plan approved by the releasing facility and the qualified mental health…”
— Tenn. Code Ann. § 33-6-602(1)(A) — 2 cases
State of Tennessee v. Kenneth Ryan Mallady (Tenn. Crim. App. 2012). “” T.C.A. § 33-6-602 (2006). For the purposes of this inquiry, a person poses a likelihood of serious harm “if and only if” either (1) the person has threatened or attempted -6- suicide or the infliction of serious bodily harm on himself, (2) the person has threatened or…”
State of Tennessee v. Kenneth Ryan Mallady (Tenn. Crim. App. 2015). “Section 33-6-602; [The Defendant] is, without good cause, out of compliance with the treatment plan; Given that the present whereabouts of [the Defendant] is unknown, the Court has reason to believe that the noncompliance is not likely to be corrected voluntarily.”
— Tenn. Code Ann. § 33-6-602(1)(B) — 1 case
State of Tennessee v. Kenneth Ryan Mallady (Tenn. Crim. App. 2012). “” T.C.A. § 33-6-602 (2006). For the purposes of this inquiry, a person poses a likelihood of serious harm “if and only if” either (1) the person has threatened or attempted -6- suicide or the infliction of serious bodily harm on himself, (2) the person has threatened or…”
— Tenn. Code Ann. § 33-6-602(1)(C) — 1 case
State of Tennessee v. Kenneth Ryan Mallady (Tenn. Crim. App. 2012). “” T.C.A. § 33-6-602 (2006). For the purposes of this inquiry, a person poses a likelihood of serious harm “if and only if” either (1) the person has threatened or attempted -6- suicide or the infliction of serious bodily harm on himself, (2) the person has threatened or…”
— Tenn. Code Ann. § 33-6-602(1)(E) — 1 case
State of Tennessee v. Kenneth Ryan Mallady (Tenn. Crim. App. 2012). “” T.C.A. § 33-6-602 (2006). For the purposes of this inquiry, a person poses a likelihood of serious harm “if and only if” either (1) the person has threatened or attempted -6- suicide or the infliction of serious bodily harm on himself, (2) the person has threatened or…”
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