NASHVILLE, Tenn. (WTVF) — A disaster.
That's what a Davidson County judge calls the lack of treatment beds in Tennessee for people deemed incompetent to stand trial because of an intellectual disability. If a person is arrested but a doctor determines that the person does not understand the charges against them, then that individual cannot stand trial.
The legislature passed Jillian's Law last year, which required treatment for people found not competent to stand trial instead of releasing them back to the streets.
Before Jillian's Law passed, there were only four beds in the entire state for people with intellectual disabilities who were charged with a crime. The law provided funding for two more.
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But the Tennessee Department of Disability and Aging told NewsChannel 5 Investigates it can only find staffing for one of those two additional beds. So, Tennessee only has five beds in the entire state.
A department spokesperson said they "are actively working to hire contracted staff to reach full capacity of six."
The only facility for those committed due to an intellectual disability is the Harold Jordan Center in Nashville and currently all five of its beds are full, according to the Department of Disability and Aging. Intellectual disabilities often involve a brain injury, which is difficult to treat to a level that restores competency.
People arrested with mental health issues can often become "competent" after receiving medication or treatment. However, some will never reach that threshold.
Davidson County Judge Melissa Blackburn is especially concerned for those arrested with intellectual disabilities.
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"There are no beds that you can place an individual in that has an intellectual disability. There are no beds," Judge Blackburn said.
Judge Blackburn is over Davidson County's Mental Health Court and praised Jillian's Law when it passed, but she said it needs more funding.
"In the past year, has Davidson County had someone with an intellectual disability that needed to go somewhere but there wasn't a bed?" NewsChannel 5 Investigates asked.
"Yes. Multiple times," Judge Blackburn responded. "We've run across four to six individuals with intellectual disabilities and there's no place for them to go," Judge Blackburn said.
And that is just in Davidson County. She does not know about the other counties across the state. She said the county is not releasing people back to the streets as it has done in past years, but sometimes people spend long periods in jail waiting for a bed.
Jillian's Law is named for Belmont University student Jillian Ludwig who was fatally shot while walking in a park. Her parents pushed for the legislation, and they visited lawmakers on and off for five months in 2024. They stood in the House gallery holding her framed portrait while the bill passed.
Police arrested Shaquille Taylor for her death. He has a long criminal history, including shooting into a moving car with two children inside. However, he was released after being found not competent to stand trial because of his intellectual disability.
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A doctor determined Taylor functioned on a kindergarten level, did not understand the charges against him and could not help in his own defense.
But Taylor is not the only disturbing example.
We agreed to hide the identity of a woman, who we will call Judy, because she was sexually assaulted in 2017 in downtown Nashville.
Judy was part of the massive, shoulder-to-shoulder crowd celebrating the Nashville Predators Hockey team. Hoards of people flocked to Broadway, watching the game on giant screens during the Predators' Stanley Cup run. Around 50,000 converged to watch Game 6 clad in their gold and navy gear.
It was under the neon lights of Broadway she said Daniel Morris walked up behind her and stuck his hands up her shorts and sexually assaulted her.
"Before I knew it, I had somebody behind me, and he had ... he had attacked me. I whipped around and he was standing right there."
"What did do immediately after?" I asked.
"Immediately after he looked me in the eyes. He kind of backed up from me. His eyes were huge and he said 'I'm sorry. I have a traumatic brain injury.'"
Morris was charged with rape and even admitted to the assault, according to court records. But doctors determined he was not competent to stand trial. He'd been in a car wreck years earlier, resulting in a brain injury that left him unable to "understand" "the proceedings against him."
So, Morris was simply released back to his life before assaulting Judy.
"It was the ultimate sucker punch," Judy said. "Is that a free pass for the rest of his life to do whatever to whoever for the rest of his life? Because that's what it felt like to me," Judy said.
Morris went on to be arrested and released dozens of times, court records obtained by NewsChannel 5 Investigates showed.
But in 2022, once again on Broadway, he assaulted another woman the same way he did Judy.
"I just knew he would hurt somebody else. I knew it was only a matter of time," Judy said.
Morris is now in custody indefinitely.
Judy is glad Jillian's Law was passed, but she hopes it receives more funding so that violent offenders with intellectual disabilities don't just go back on the streets.
"How worried are you about what you are going to see in the New Year?" NewsChannel 5 Investigates asked Judge Blackburn.
"Terribly," Judge Blackburn responded. "We can't ignore those with intellectual disabilities. We can't pretend like they don't exist."
Judge Blackburn says she is speaking with lawmakers in hopes of getting more funding for Jillian's Law in the upcoming legislative session, which started this week.