Ind. Code § 35-36-3-3
Substantial probability of attainment of comprehension to stand trial; certification; motion to dismiss; commitment proceedings; duration of retention
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
Sec. 3. (a) Within ninety (90) days after:
Sec. 3. (a) Within ninety (90) days after:
(1) a defendant's admission to a state institution (as defined in IC 12-7-2-184); or
(1) a defendant's admission to a state institution (as defined in IC 12-7-2-184); or
(2) the initiation of competency restoration services to a defendant by a third party contractor;
(2) the initiation of competency restoration services to a defendant by a third party contractor;
the superintendent of the state institution (as defined in IC 12-7-2-184) or the director or medical director of the third party contractor, if the division of mental health and addiction has entered into a contract for the provision of competency restoration services by a third party, shall certify to the proper court whether the defendant has a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense within the foreseeable future.
the superintendent of the state institution (as defined in IC 12-7-2-184) or the director or medical director of the third party contractor, if the division of mental health and addiction has entered into a contract for the provision of competency restoration services by a third party, shall certify to the proper court whether the defendant has a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense within the foreseeable future.
(b) If a party files a motion to dismiss, the court may dismiss the charges against the defendant without prejudice if the:
(1) defendant has been diagnosed with:
(A) dementia;
(B) Alzheimer's disease; or
(C) a traumatic brain injury;
(2) defendant's diagnosis substantially impacts the defendant's ability to understand the proceedings and assist in the preparation of the defendant's defense within the foreseeable future; and
(3) defendant is charged with a misdemeanor or a Level 6 felony.
(c) If a defendant's charges are not dismissed under subsection (b) and a substantial probability does not exist, the state institution (as defined in IC 12-7-2-184) or the third party contractor shall initiate regular commitment proceedings under IC 12-26. If a substantial probability does exist, the state institution (as defined in IC 12-7-2-184) or third party contractor shall retain the defendant:
(1) until the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant's defense and is returned to the proper court for trial; or
(1) until the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant's defense and is returned to the proper court for trial; or
(2) for six (6) months from the date of the:
(A) defendant's admission to a state institution (as defined in IC 12-7-2-184); or
(B) initiation of competency restoration services by a third party contractor;
whichever first occurs.
(2) for six (6) months from the date of the:
(A) defendant's admission to a state institution (as defined in IC 12-7-2-184); or
(B) initiation of competency restoration services by a third party contractor;
whichever first occurs.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.