Forensic Services

Mission

To be a center of excellence in forensic evaluations and training by providing exceptional treatment and effective support.

Services

When a person who has an intellectual disability has been charged with a crime, he/she may face unique challenges in the criminal justice system which put the defendant at risk. The defense attorney may request a competency evaluation if there is a question regarding the defendant’s ability to participate in his/her own defense. If there are concerns related to a defendant’s competency, the person is initially evaluated by community mental health providers or regional mental health institutes. For a person charged with a felony, the Department of Mental Health and Substance Abuse Services (TDMHSAS) may request assistance by experts in the Department of Disability and Aging (DDA) for outpatient competency training if the person is not competent but possibly trainable. The court has the authority to order training under T.C.A. § 33-5-501. Competency training is conducted using evidence-based programs for people diagnosed with an intellectual disability to ensure that a defendant understands his/her rights related to the court system and meets the Tennessee standard for competency to stand trial. At the conclusion of training, a DDA forensic evaluator will report final conclusions to the court and will provide recommendations for accommodations and supports to ensure equal justice under the law and to enhance public safety.

Harold Jordan Center

TDMHSAS may also request an evaluation for judicial commitment if there is evidence that the defendant was diagnosed with an intellectual disability during the developmental period. If the DDA expert finds that the defendant meets commitment criteria under T.C.A. § 33-5-403, the licensed psychologist would complete a certificate of need (CON). Then, the TDMHSAS would evaluate and complete the second CON to submit them to the court for admission to the Harold Jordan Center.

The Harold Jordan Center (HJC) is a forensic facility serving up to 4 people with intellectual disability who have charges against them. Admissions require a criminal court order for commitment. Prerequisites for the court order are outlined in Tenn. Code Ann. § 33-5-403 as follows:

  1. a person has an intellectual disability, AND
  2. the person poses a substantial likelihood of serious harm under § 33-6-501 because of the intellectual disability, AND
  3. the person needs care, training, or treatment because of the intellectual disability, AND
  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 under § 33-5-402,

Defendants admitted to HJC receive treatment and training to establish the person’s competence to stand trial. If the defendant achieves competency and is no longer poses a substantial risk of harm because of their intellectual disability, they return to jail and face their charges. In circumstances where the person does not achieve competence, the court is informed and may dismiss the charges. HJC then begins the process of creating a placement to reduce community risk.

If the court wants to order competency training, see the templates below.

Sample Forms

  • Competency Order Template (need to create link)
  • **No Template for Commitment

Additional Resources