Tennessee Senate Bill SB1687

Tennessee 2023-2024 Regular Session

• Introduced: 1/9/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 33; Title 37; Title 39; Title 40 and Title 41, relative to mental illness.

Impact

If enacted, SB1687 would impact the way mental health issues are addressed during criminal proceedings in Tennessee. It stipulates that the burden of proof for establishing a mental illness rests upon the defendant when claiming they were mentally ill at the time of the offense. This shift not only clarifies the judicial process but also mandates that individuals convicted under this framework receive treatment in a forensic services unit before serving their sentence, thereby integrating mental health care with the criminal justice system.

Summary

Senate Bill 1687 seeks to amend various sections of the Tennessee Code Annotated related to mental illness, particularly in the context of criminal law. The bill introduces a new verdict classification termed 'guilty but mentally ill,' which allows for defendants found to have a mental illness at the time of the offense to be treated differently than those who are simply found guilty or not guilty. The proposed measures aim to create more equitable treatment within the legal system for individuals with mental health issues while still holding them accountable for their actions.

Contention

Notable points of contention surrounding SB1687 involve the balance between public safety and the treatment of individuals with mental health issues. Supporters of the bill argue that it provides necessary protections for those with mental illness while ensuring they remain accountable for their actions. Critics, however, may raise concerns regarding the potential for abuse of this classification or the adequacy of mental health resources to support individuals sentenced under this new provision. These discussions reflect ongoing debates about how to effectively integrate mental health treatment within the framework of criminal law.