Tennessee’s law underwent a significant change following the tragic death of a young woman. Today, this law is being utilized, potentially for the very first time.
On July 1, a new law called “Jillian’s Law” became effective. The law is named after Jillian Ludwig, an 18-year-old student from Belmont University who was killed by a stray bullet in November. The person who allegedly fired the shot was a repeat offender who had been deemed incompetent to stand trial for a prior shooting but was still released on the streets.
House Majority Leader William Lamberth (R-Portland) has championed a law that mandates defendants who are deemed incompetent to stand trial must be committed to a mental health facility. This is to ensure that they receive the necessary treatment instead of being released without any form of intervention.
The initial case involved the defendant who was deemed unfit to stand trial for a series of criminal charges, including burglary and vandalism. As a result, the individual will receive treatment at the Mental Institute in Middle Tennessee.
Nashville District Attorney Glenn Funk expressed his views on the significance of having this law in place. He emphasized that it provides their office with an additional tool to ensure public safety and work towards the betterment of the community. The law mandates that doctors handle the cases involving individuals with mental health issues rather than the criminal justice system. This approach ensures that such individuals are not simply released back onto the streets without receiving proper medical attention.
Funk explained that these types of cases are intricate and can differ greatly from person to person.
Funk explained that incompetence is not just a mental health issue, but also involves a person’s ability to understand the legal process and participate in their own defense.
The previous system had let go of about 30 individuals who met the criteria for “Jillian’s Law” to be applicable, which requires the crime to be a felony. Funk’s office has identified these individuals who were wrongly let go under the previous system.
Funk expressed that the individuals in question were highly likely to commit other significant crimes. He stated, “It does not come as a surprise to me that a case came through within the first month. However, if it had taken six months, that would have surprised me.”
Funk holds a positive outlook regarding the outcome of “Jillian’s Law” and anticipates that it will produce favorable results. She hopes that this progress will pave the way for more collaborative efforts towards change in the days to come.
He expressed his optimism towards achieving real bipartisanship in this particular field, and hoped that their success in this area could be replicated in other aspects of the law.
Before publishing this story, News 2 attempted to contact Jillian’s mother, Jessica Ludwig, but did not receive a response. Nonetheless, Funk ensured that his office would inform the family that the recently passed law is already in use in Tennessee.
