Ind. Code § 35-36-3-4
Inability to attain comprehension to stand trial; commitment proceedings
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
Sec. 4. If a defendant who was found under section 3 of this chapter to have had a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense has not attained that ability within six (6) months after the date of the:
Sec. 4. If a defendant who was found under section 3 of this chapter to have had a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense:
(1) defendant's admission to a state institution (as defined in IC 12-7-2-184); or
(1) has not attained that ability within six (6) months after 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; or
(2) initiation of competency restoration services by a third party contractor;
(2) has not had the criminal charges dismissed under section 3(b) of this chapter;
the state institution (as defined in IC 12-7-2-184) or 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 institute regular commitment proceedings under IC 12-26.
the state institution (as defined in IC 12-7-2-184) or 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 institute regular commitment proceedings under IC 12-26.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.