TN defendants ruled unfit for trial must now go to mental health facility

ANDERSON COUNTY, Tenn. (WATE) — Many new Tennessee laws take effect on July 1 each year. Among them is “Jillian’s Law,” which makes changes to how the criminal justice system interacts with offenders who are deemed incompetent to stand trial.

The new law named after Jillian Ludwig. The 18-year-old was shot and killed by a stray bullet in a Nashville park in November 2023. The suspect in that shooting identified as Shaquille Taylor. Taylor was a repeat offender. In April of 2023, Taylor was prosecuted for assault with a deadly weapon.

That case was dismissed after Taylor was deemed incompetent. This law will require defendants to be placed in an appropriate treatment facility.

“You’re deemed mentally incompetent then it mandates that you be placed in a facility for mental health treatment,” Knox County Court Clerk Mike Hammond said. “Down the road, should you be released, it also says that you must have court-mandated mental health treatment.”

The law also requires those deemed incompetent to stand trial to be entered into the National Instant Criminal Background Check System which would prohibit them from buying or owning firearms.

Dave Clark, the 7th District Attorney General believes this law will help address issues surrounding repeat offenders.

“Folks were found incompetent to stand trial, but not ill enough or violent enough to be institutionalized, that resulted to them staying the streets and continuing to commit crimes,” Clark said.

This issue can be seen across the Volunteer State, including in Anderson County .

“We had problems with a mentally ill person who was committing rape, but found to be incompetent to stand trial, but not violent enough, shockingly, to be placed in a mental institution. So these become chronic problems for law enforcement,” Clark said.

The problem is not only on the streets, but in the jails as well. Anderson County Sheriff Russell Barker believes this law will help with these issues.

“We have to make sure we are taking care of the people who have mental health needs otherwise the only place to put them is in the jail and we are just not equipped for that,” Barker said.

Hammond believes the law not only protects the defendant, but citizens as well.

“Treatment is the key. Otherwise, you have them walking the streets and don’t know what they’re capable of doing,” Hammond said.

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