TennesseeTennessee


 

 


Competency/ Insanity

Competency

-

Insanity

For defendants found not guilty by reason of insanity with I/DD, they may be allowed to participate in community services to avoid commitment. Tenn. Code Ann. § 33-5-502

Special Rules

-

Sentencing 

Death Penalty 

If victim had I/DD, that is aggravating factor and qualifies offender for the death penalty. Tenn. Code Ann. § 39-13-204

No defendant with intellectual disability at the time of committing first-degree murder shall be sentenced to death. The burden of to demonstrate intellectual disability by a preponderance of the evidence is on the defendant. The determination of whether the defendant had intellectual disability at the time of the offense of first-degree murder shall be made by the court.  Tenn. Code Ann. § 39-13-203

Post-Conviction 

-