Ind. Code § 12-26-5-9
Application for detention; action by court; final hearing
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 9. (a) After receiving a report described in section 7 of this chapter, the court may do any of the following:
Sec. 9. After receiving an application for detention under section 1 of this chapter, the court shall, without a hearing, consider the application and may do one (1) of the following:
(1) Order the individual released.
(2) Order the individual's continued detention pending a preliminary hearing. The purpose of a hearing under this subdivision is to determine if there is probable cause to believe that the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of temporary or regular commitment.
(3) Order a final hearing. The purpose of a hearing ordered under this subdivision is to determine if the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of temporary or regular commitment.
(b) A hearing ordered under subsection (a) must be held not later than two (2) days after the order.
(1) If the court finds that there is not probable cause to detain the individual, order the individual released.
(2) If the court finds that there is probable cause to detain the individual, order the individual's continued detention in an appropriate facility pending a final hearing under section 11 of this chapter. In addition, the court may order the individual to receive treatment in accordance with a mental health or substance use disorder treatment plan, using accepted clinical care guidelines, including medication.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.