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Ind. Code § 12-26-3-7

Preliminary hearing; introduction of physician's statement; probable cause finding; discharge or commitment

As added by P.L.2-1992, SEC.20.

Sec. 7. (a) A physician's statement may be introduced into evidence at the preliminary hearing without the presence of the physician.

(b) A finding of probable cause may not be entered at the preliminary hearing unless there is oral testimony:

(1) subject to cross-examination;

(2) of at least one (1) witness who:

(A) has personally observed the behavior of the individual; and

(B) will testify as to facts supporting a finding that there is probable cause to believe that the individual is in need of temporary or regular commitment.

(c) If after the preliminary hearing the court does not find probable cause, the individual shall be discharged immediately.

(d) If after the preliminary hearing the court finds probable cause to believe that the individual is in need of temporary or regular commitment, the court shall order the detention of the individual in an appropriate facility pending a final hearing.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.