State of Tennessee v. Janice Floyd

The appellant was found not guilty by reason of insanity on two counts of second degree murder pursuant to Tennessee Code Annotated section 39-13-210, and on one count of aggravated arson pursuant to Tennessee Code Annotated section 39-14-302. After the court found the appellant not guilty by reason of insanity, the appellant was committed to Western Mental Health Institute for diagnosis and evaluation pursuant to Tennessee Code Annotated section 33-7-303. At the conclusion of the appellant's diagnosis and evaluation, the doctors conducting the evaluation determined that the appellant was not committable under the Tennessee Code Annotated and refused to sign certificates of certification for the appellant to be involuntarily committed. At the end of the initial sixty (60) day diagnosis and evaluation period, the doctors at Western Mental Health Institute sought to have the appellant released into a mandatory outpatient treatment program. A hearing was conducted after the ninety (90) day mandatory release date, and the trial court ordered that the appellant be returned to Western Mental Health Institute. The appellant brought this appeal asserting that the trial court erred in ordering her continued detention after the expiration of the maximum ninety (90) day commitment period, and that such detention violates her rights. The state in its brief concedes error. After a thorough review of the issue presented in this case, we agree with the appellant and the state that the trial court erred. This case is remanded to the trial court for further action consistent with the instruction set forth herein.