Jillian’s Law goes into effect Monday, but is the state of Tennessee ready for it?

By Chris Davis

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    NASHVILLE, Tennessee (WTVF) — In April, Tennessee lawmakers unanimously passed Jillian’s Law, which goes into effect Monday, July 1st. The new law was inspired by unimaginable grief.

“Let me assure you, there is nothing worse than losing a child. It leaves a giant hole in your heart that can never be filled,” said Jessica Ludwig, as she testified in front of Tennessee lawmakers back in February.

Belmont freshman Jillian Ludwig was shot and killed in 2023, after being hit by a stray bullet. Previously, the gunman Shaquille Taylor had been found not competent to stand trial, but under Tennessee law, the judge still had to release Taylor because doctors didn’t consider him a danger to himself or others.

“Now, that law has changed,” said Nick Leonardo, NewsChannel 5’s Legal Analyst.

Under the new law, if physicians consider someone not competent to stand trial, they automatically have to be sent to a mental health facility.

Removing Firearms

The law also requires those individuals institutionalized by the court to lose access to their firearms.

“You’re supposed to fill out an affidavit to have the firearms, what you’re going to do with the firearms while the order of protection is in place,” explained Leonardo.

Leonardo thinks the law is a great step forward, but he is worried about the implementation.

“There’s no one really out there to make sure it’s enforced,” he said. “A lot of these firearms are coming off the street, hand to hand sales, between a willing purchaser and a willing buyer and there’s really no way to stop that.”

Under Jillian’s Law, someone who has their firearm access revoked can apply for reinstatement with the court after a three year waiting period.

Enough Bed Space?

There are also concerns that Tennessee doesn’t have enough bed space at mental health facilities. As NewsChannel 5 Investigates previously reported, there are nearly 50 psychiatric facilities located across Tennessee, but only four are state run facilities. That’s significant because, for the most part, only state run facilities will accept people without health insurance.

“Probably 80 percent of these individuals certainly don’t have health insurance and don’t have the ability to pay for this kind of treatment,” said Leonardo.

So how many more bed spaces will be needed under Jillian’s Law? A spokesperson for the Tennessee Department of Mental Health and Substance Abuse says, until they have early data post implementation, “It’s not possible to accurately estimate impact. TDMHSAS remains steadfast in its commitment to our partners in the criminal justice system to providing efficient and effective services,” wrote Matthew Parriott, Director of Communications for TDMHSAS.

According to the latest numbers from the Tennessee Department of Mental Health and Substance Abuse, the average occupancy rate at those four state run facilities is about 79%. But according to numbers provided from October 2023, of the 3,500 licensed state psychiatric beds, more than 800 are forced to sit empty because the state and private industry doesn’t have enough staffing.

“I don’t think the state of Tennessee financially is ready for what’s about to come down the pike here,” said Leonardo.

Leonardo points out that lawmakers only attached $2 million a year to Jillian’s Law. “That is for the whole state of Tennessee. I could assure you Davidson County could almost eat that up in a month’s time,” he said.

Leonardo thinks, to truly honor Jillian, more resources may be required.

“It’s just going to take time to see if the practical implication and implementation is really consistent with the legislative intent,” said Leonardo.

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