Tennessee Code Annotated
Tenn. Code Ann. § 33-7-303 (2026)
Judicial hospitalization or outpatient treatment of person judged not guilty by reason of insanity - Transfer to forensic services unit - Appeal - Cost of treatment
✓ current as of May 2026
- (a)
- (1) When a person charged with a criminal offense is acquitted of the charge on a verdict of not guilty by reason of insanity at the time of the commission of the offense, the criminal court shall immediately order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the court.
- (2) When a person charged with a felony criminal offense under title 39, chapter 13, is found not guilty by reason of insanity at the time of the commission of the offense and that person is in custody at the time of the verdict, the court may order that the person remain held without bond following the verdict, for the purpose of receiving an outpatient evaluation performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the court. In such cases, the court shall immediately enter an order to hold the person without bond for the purpose of receiving the evaluation and shall order that the evaluation be completed within thirty (30) days of receipt of the court order by the examining professional.
- (b)
- (1) Following diagnosis and evaluation, if certification is provided that the person is committable under chapter 6, part 5 of this title, the district attorney general shall file a complaint in the criminal court for judicial commitment under chapter 6, part 5 of this title. If certification is not provided that the person is committable under chapter 6, part 5 of this title, the district attorney general shall file a complaint in the criminal court for an order requiring the person to participate in outpatient treatment under this subsection (b).
- (2) If the court does not commit the person under chapter 6, part 5 of this title and the court determines that the person's condition resulting from mental illness is likely to deteriorate rapidly to the point that the person will pose a substantial likelihood of serious harm under § 33-6-501 unless treatment is continued, the court may order the person to participate in outpatient treatment. Otherwise, the court may not order the person to participate in outpatient treatment. The obligation to participate in outpatient treatment continues until it is terminated by the court under subdivision (b)(4).
- (3) If the court orders the person to participate in outpatient treatment and the person does not comply with the treatment plan, the qualified mental health professional shall notify the district attorney general of the noncompliance, and the district attorney general may move the criminal court to cite the person for civil or criminal contempt of court for the noncompliance and may file a complaint in the criminal court under chapter 6, part 5 of this title. The qualified mental health professional shall file a report with the district attorney general every six (6) months as to the person's continuing need for treatment.
- (4) The court shall terminate the obligation to participate in outpatient treatment when it determines that the person is no longer subject to the obligation under subdivision (b)(2).
- (5) The court is vested with jurisdiction to conduct proceedings authorized by this subsection (b).
- (c)
- (1) Following the hearing conducted by the criminal court under chapter 6, part 5, of this title, if the court finds that the person meets the commitment standards under chapter 6, part 5 of this title, the court shall enter an order of judicial hospitalization and transfer the person to the custody of the commissioner subject to department rules governing release procedures.
- (2) If the court further finds that:
- (A) The person is substantially likely to injure the person or others if the person is not treated in a forensic services unit; and
- (B) Treatment in the unit is in the person's best interests,
the person shall be transferred into the custody of the commissioner at a forensic services unit designated by the commissioner subject to § 33-7-203.
- (3) If the court commits a person under this subsection (c), the person comes into the commissioner's custody only if the commissioner determines that a facility has available suitable accommodations; provided, that, if there are no suitable available accommodations at the time of the determination, then the commissioner shall expeditiously find a state-owned or operated hospital or treatment resource to accommodate the person upon the availability of suitable available accommodations. Prior to transporting a defendant for commitment in a department facility, the sheriff or other transportation agent shall determine that the receiving facility has available suitable accommodations.
- (d) Either party may appeal a final adjudication under this section to the court of criminal appeals.
- (e) The criminal court, in a trial before a jury in which the issue of insanity at the time of the commission of the offense is raised, shall instruct the jury before it begins deliberation as to the provisions of this section.
- (f) The cost of treatment incurred as a result of the outpatient treatment and evaluation required in subdivision (b)(2) shall be taxed as court costs.
- (g)
- (1) When a person charged with first degree murder or a Class A felony offense under title 39, chapter 13, is found not guilty by reason of insanity at the time of the commission of the offense, the trial court shall immediately order the person to be diagnosed and evaluated on an outpatient basis. The evaluation shall be performed by the community mental health agency or licensed private practitioner designated by the commissioner to serve the trial court to determine if the person should be committed to inpatient hospitalization under chapter 6, part 5 of this title. If the person was in custody at the time of the verdict, the trial court shall immediately order the person to remain held without bond following the verdict of not guilty by reason of insanity, for purposes of receiving the outpatient evaluation. The trial court shall order that the outpatient evaluation be completed within thirty (30) days of receipt of the court order by the examining community mental health agency or licensed private practitioner.
- (2) If, after outpatient evaluation, the person is committed to inpatient hospitalization under chapter 6, part 5 of this title, the person shall only be discharged from inpatient hospitalization subject to a court order by the trial court to participate in outpatient treatment.
- (3) If, after outpatient evaluation, the person is not committed to inpatient hospitalization under chapter 6, part 5 of this title, the trial court shall order the person to participate in outpatient treatment.
- (4) Any person currently committed to inpatient hospitalization under chapter 6, part 5 of this title, who was charged with first degree murder or a Class A felony offense under title 39, chapter 13, and found not guilty by reason of insanity at the time of the commission of the offense, shall only be discharged from inpatient hospitalization subject to a court order by the trial court to participate in outpatient treatment.
- (5) Any person ordered by the trial court to participate in outpatient treatment under this subsection (g) shall do so for an initial mandatory period of six (6) months. Upon completion of the initial six-month period, the trial court shall review the person's need for continued court-ordered outpatient treatment. If the trial court determines that continued outpatient treatment is appropriate, then the trial court may order the continuation of outpatient treatment beyond the initial six (6) month period. Thereafter, the trial court shall review the person's need for continued court-ordered outpatient treatment on an annual basis. The trial court shall consider the following factors when determining the appropriateness of ordering a person to continued outpatient treatment beyond the initial six-month period under this subsection (g):
- (A) The likelihood that harm will occur unless the person remains under court-ordered outpatient treatment;
- (B) The likelihood that the person will voluntarily participate in outpatient treatment;
- (C) The person's history of compliance with outpatient treatment plans; and
- (D) Any other factor that the trial court deems appropriate for purposes of evaluating the person's need for court-ordered outpatient treatment.
Amended by 2017 Tenn. Acts, ch. 342, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 342, s 1, eff. 7/1/2017.
Acts 1974, ch. 464, § 1; 1977, ch. 396, § 1; 1979, ch. 311, §§ 1-3; 1981, ch. 224, § 17; 1983, ch. 323, § 23; T.C.A., § 33-709; Acts 1984, ch. 922, § 38; 1985, ch. 437, §§ 27, 28; 2000, ch. 947, § 1; 2002, ch. 730, § 52; 2005, ch. 150, § 3; 2009 , ch. 531, §§ 48 - 51; 2011 , ch. 142, § 1.
Notes of Decisions
Cited in 36
cases (7 in the last 5 years), 1988–2026 · leading case: State v. Flake, 88 S.W.3d 540 (Tenn. 2002).
State v. Flake, 88 S.W.3d 540 (Tenn. 2002). “The Court of Criminal Appeals agreed, modified the verdict to not guilty by reason of insanity, and remanded the case to the trial court for further proceedings in accordance with Tenn.Code Ann. § 33-7-303. Thereafter, we granted the State's application for permission to appeal…”
State v. Phillips, 968 S.W.2d 874 (Tenn. Crim. App. 1996). “The defendant, Dwayne Willard Phillips, appeals as of right from the order of the Knox County Criminal Court requiring his hospitalization for a minimum of sixty days in a mental health facility pursuant to T.C.A. § 33-7-303(a) for the purpose of diagnosis and evaluation after…”
State v. Jennings, 130 S.W.3d 43 (Tenn. 2004). “Tennessee Code Annotated § 33-7-303 provides for further proceedings including detention and mental health treatment, in cases involving verdicts of not guilty by reason of insanity.”
State v. Flake, 114 S.W.3d 487 (Tenn. 2003). “The Court of Criminal Appeals agreed with the defendant, modified the verdict to not guilty by reason of insanity, and remanded the case to the trial court for further proceedings in accordance with Tennessee Code Annotated section 33-7-303. The State filed an application for…”
State v. Huskey, 66 S.W.3d 905 (Tenn. Crim. App. 2001). “He contends that the trial court overreached by sua sponte instructing the jury to disregard defense counsel’s arguments outlining the involuntary hospitalization process contained in Tenn.Code Ann. § 33-7-303. He argues that the trial court erroneously failed to instruct the…”
State v. Dodson, 780 S.W.2d 778 (Tenn. Crim. App. 1989). “The judgment of the trial court is reversed, and this cause is remanded to the trial court for further proceedings pursuant to T.C.A. § 33-7-303. DAUGHTREY and BIRCH, JJ.”
State v. Shickles, 760 P.2d 291 (Utah 1988). “1985) (amended 1986 & 1987) stated: If a statute under which the defendant was convicted mandates that one of three stated minimum terms must be imposed, the court shall order imposition of the term of middle severity unless there are circumstances in aggravation or mitigation…”
State v. Jackson, 890 S.W.2d 436 (Tenn. 1994). “Because we find that the State failed in its obligation to establish Jackson’s sanity beyond a reasonable doubt, we reverse the conviction, vacate the sentence, and remand the cause to the trial court for the initiation of proceedings pursuant to Tenn.Code Ann. § 33-7-303…”
State v. Sparks, 891 S.W.2d 607 (Tenn. 1995). “Because the State failed to prove the defendant’s sanity beyond a reasonable doubt, the conviction is reversed, the defendant is found not guilty by reason of insanity, and the case is remanded to the trial court for proceedings pursuant to T.C.A. § 33-7-303 (Supp.1993). All…”
Alley v. Bell, 101 F. Supp. 2d 588 (W.D. Tenn. 2000). “The trial court instructed the jury as follows: Pursuant to Tennessee Code Annotated Section 33-7-303, the Court further instructs you that a finding of not guilty by reason of insanity at the time the defendant committed the offense shall result in automatic detention of the…”
State v. Overbay, 874 S.W.2d 645 (Tenn. Crim. App. 1993). “I have no doubt in my mind that after the district attorney general files the proper petition pursuant to T.C.A. § 33-7-303 and § 33-6-104, the court will judicially commit this defendant.”
State v. Hammock, 867 S.W.2d 8 (Tenn. Crim. App. 1993). “Accordingly, the judgment of the trial court is reversed and the case remanded to the Criminal Court of Overton County for further proceedings pursuant to T.C.A. § 33-7-303. PEAY, J., concurs. SUMMERS, J.”
— Tenn. Code Ann. § 33-7-303(a) — 7 cases
State v. Phillips, 968 S.W.2d 874 (Tenn. Crim. App. 1996). “The defendant, Dwayne Willard Phillips, appeals as of right from the order of the Knox County Criminal Court requiring his hospitalization for a minimum of sixty days in a mental health facility pursuant to T.C.A. § 33-7-303(a) for the purpose of diagnosis and evaluation after…”
State v. Jennings, 130 S.W.3d 43 (Tenn. 2004). “Tennessee Code Annotated § 33-7-303 provides for further proceedings including detention and mental health treatment, in cases involving verdicts of not guilty by reason of insanity.”
State v. Huskey, 66 S.W.3d 905 (Tenn. Crim. App. 2001). “He contends that the trial court overreached by sua sponte instructing the jury to disregard defense counsel’s arguments outlining the involuntary hospitalization process contained in Tenn.Code Ann. § 33-7-303. He argues that the trial court erroneously failed to instruct the…”
State of Tennessee v. Janice Floyd (Tenn. Crim. App. 2001).
Billy Hembree v. State (Tenn. Ct. App. 2001).
— Tenn. Code Ann. § 33-7-303(b)(1) — 2 cases
State v. Phillips, 968 S.W.2d 874 (Tenn. Crim. App. 1996). “The defendant, Dwayne Willard Phillips, appeals as of right from the order of the Knox County Criminal Court requiring his hospitalization for a minimum of sixty days in a mental health facility pursuant to T.C.A. § 33-7-303(a) for the purpose of diagnosis and evaluation after…”
State of Tennessee v. Kenneth Ryan Mallady (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 33-7-303(b)(3) — 1 case
State of Tennessee v. Sandra Lynn Baumgartner (Tenn. Crim. App. 2003).
— Tenn. Code Ann. § 33-7-303(b)(l) — 1 case
State v. Phillips, 968 S.W.2d 874 (Tenn. Crim. App. 1996). “The defendant, Dwayne Willard Phillips, appeals as of right from the order of the Knox County Criminal Court requiring his hospitalization for a minimum of sixty days in a mental health facility pursuant to T.C.A. § 33-7-303(a) for the purpose of diagnosis and evaluation after…”
— Tenn. Code Ann. § 33-7-303(c) — 4 cases
State v. Jennings, 130 S.W.3d 43 (Tenn. 2004). “Tennessee Code Annotated § 33-7-303 provides for further proceedings including detention and mental health treatment, in cases involving verdicts of not guilty by reason of insanity.”
State of Tennessee v. David Cloar (Tenn. Crim. App. 2016).
State of Tennessee v. Jackie H. Martin (Tenn. Crim. App. 2008).
— Tenn. Code Ann. § 33-7-303(d) — 2 cases
State v. Phillips, 968 S.W.2d 874 (Tenn. Crim. App. 1996). “The defendant, Dwayne Willard Phillips, appeals as of right from the order of the Knox County Criminal Court requiring his hospitalization for a minimum of sixty days in a mental health facility pursuant to T.C.A. § 33-7-303(a) for the purpose of diagnosis and evaluation after…”
State of Tennessee v. Janice Floyd (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 33-7-303(e) — 3 cases
State v. Shickles, 760 P.2d 291 (Utah 1988). “1985) (amended 1986 & 1987) stated: If a statute under which the defendant was convicted mandates that one of three stated minimum terms must be imposed, the court shall order imposition of the term of middle severity unless there are circumstances in aggravation or mitigation…”
State v. Amini, 963 P.2d 65 (Or. Ct. App. 1998).
State of Tennessee v. Micah Johnson, Alias (Tenn. Crim. App. 2015).
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