Tennessee’s law was altered due to the unfortunate passing of a young woman. Recently, this law may be implemented for the first time.
The legislation known as “Jillian’s Law” went into effect on July 1 in honor of the late Jillian Ludwig, a student at Belmont University who tragically lost her life after being struck by a stray bullet in November. The perpetrator, a repeat offender who had been deemed unfit to stand trial for a previous shooting, was released back onto the streets.
House Majority Leader William Lamberth (R-Portland) has led the way in introducing a new law that mandates defendants who are deemed incompetent to stand trial to be committed to a mental health facility instead of being released without receiving treatment.
The defendant in this case has been deemed incompetent to stand trial for a series of crimes, including vandalism and burglary. As a result, the individual will be admitted to Middle Tennessee’s Mental Institute for treatment. This marks the first reported instance of such a ruling.
According to Nashville District Attorney Glenn Funk, the newly implemented law provides their office with an additional tool to ensure public safety and work towards the betterment of the community. He emphasized that the responsibility of dealing with individuals affected by mental health issues falls primarily on doctors, rather than the criminal justice system. However, with this law in place, cases are not simply dismissed, and individuals are not released back into the streets without proper evaluation and treatment.
Funk explained that cases like these can be quite intricate and can differ based on each individual’s circumstances.
Funk clarified that incompetence is not simply a mental health problem. It involves the individual’s ability to comprehend the legal proceedings and contribute to their own defense.
The previous system let go of approximately 30 individuals who meet the criteria for “Jillian’s Law”, which only applies to felony crimes. Funk’s office has identified these individuals.
Funk stated that they were aware that those individuals had a high probability of committing other serious offenses. He further added that the fact that a case came through within the first month did not surprise him. However, if it had taken six months, he would have been surprised that it took that long.
Funk expresses hope that the implementation of “Jillian’s Law” will bring about favorable outcomes in a timely manner. She believes that the positive progress resulting from this law will pave the way for more significant changes in the future.
He expressed his belief that this particular area provides an opportunity for genuine bipartisanship. He added that if they are fortunate enough to achieve success here, they could potentially replicate it in other areas of the law.
Prior to publishing this story, News 2 attempted to contact Jillian’s mother, Jessica Ludwig, but did not receive a response. Nonetheless, Funk assured that his office will inform the family that the recently enacted law is already being implemented in Tennessee.
