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CHAPTER 4. IMMEDIATE DETENTION

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IC 12-26-4 Chapter 4. Immediate Detention IC 12-26-4-1 Law enforcement officers; authority to apprehend, transport, and charge an individual with a mental illness Sec. 1. A law enforcement officer, having reasonable grounds to believe that an individual has a mental illness, is dangerous, and is in immediate need of hospitalization and treatment, may do the following: (1) Apprehend and transport the individual to the nearest appropriate facility. The individual may not be transported to a state institution. (2) Charge the individual with an offense if applicable. As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.55; P.L.99-2007, SEC.129. IC 12-26-4-2 Law enforcement officers; written statement of reasonable grounds Sec. 2. A law enforcement officer who transports an individual to a facility under section 1 of this chapter shall submit to the facility a written statement containing the basis for the officer's conclusion that reasonable grounds exist under this chapter. As added by P.L.2-1992, SEC.20. IC 12-26-4-3 Law enforcement officers; written statement of reasonable grounds; filing Sec. 3. The statement required by section 2 of this chapter shall be filed with both of the following: (1) The individual's records at the facility. (2) The appropriate court if action relating to any charges filed by the officer against the individual is pursued. As added by P.L.2-1992, SEC.20. IC 12-26-4-4 Emergency treatment Sec. 4. The superintendent of the facility or a physician may furnish emergency treatment necessary to preserve the health and safety of the individual detained. As added by P.L.2-1992, SEC.20. IC 12-26-4-5 Length of detention Sec. 5. Except as provided in section 6 of this chapter, an individual may not be detained under this chapter for more than twenty-four (24) hours from the time of admission to the facility. As added by P.L.2-1992, SEC.20. IC 12-26-4-6 Detaining individual for more than 24 hours; emergency detention application Sec. 6. If the superintendent or the attending physician believes the individual should be detained for more than twenty-four (24) hours from time of admission to the facility, the superintendent or the physician must have an application filed for emergency detention under IC 12-26-5 immediately upon the earlier of the following: (1) A judge becomes available. (2) Within seventy-two (72) hours of admission to the facility. As added by P.L.2-1992, SEC.20. IC 12-26-4-7 Discharge Sec. 7. An individual detained under this chapter shall be discharged if either the attending physician or superintendent believes detention is no longer necessary. As added by P.L.2-1992, SEC.20. IC 12-26-4-8 Detention in addition to detention under IC 12-26-5 Sec. 8. A period of detention under this chapter is in addition to a period of detention under IC 12-26-5. As added by P.L.2-1992, SEC.20.
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  • IC 12-26-4
         Chapter 4. Immediate Detention

    IC 12-26-4-1
    Law enforcement officers; authority to apprehend, transport, and charge an individual with a mental illness
        
    Sec. 1. A law enforcement officer, having reasonable grounds to believe that an individual has a mental illness, is dangerous, and is in immediate need of hospitalization and treatment, may do the following:
            (1) Apprehend and transport the individual to the nearest appropriate facility. The individual may not be transported to a state institution.
            (2) Charge the individual with an offense if applicable.
    As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.55; P.L.99-2007, SEC.129.

    IC 12-26-4-2
    Law enforcement officers; written statement of reasonable grounds
        
    Sec. 2. A law enforcement officer who transports an individual to a facility under section 1 of this chapter shall submit to the facility a written statement containing the basis for the officer's conclusion that reasonable grounds exist under this chapter.
    As added by P.L.2-1992, SEC.20.

    IC 12-26-4-3
    Law enforcement officers; written statement of reasonable grounds; filing
        
    Sec. 3. The statement required by section 2 of this chapter shall be filed with both of the following:
            (1) The individual's records at the facility.
            (2) The appropriate court if action relating to any charges filed by the officer against the individual is pursued.
    As added by P.L.2-1992, SEC.20.

    IC 12-26-4-4
    Emergency treatment
        
    Sec. 4. The superintendent of the facility or a physician may furnish emergency treatment necessary to preserve the health and safety of the individual detained.
    As added by P.L.2-1992, SEC.20.

    IC 12-26-4-5

    Length of detention
        
    Sec. 5. Except as provided in section 6 of this chapter, an individual may not be detained under this chapter for more than twenty-four (24) hours from the time of admission to the facility.
    As added by P.L.2-1992, SEC.20.

    IC 12-26-4-6 Detaining individual for more than 24 hours; emergency detention application
        
    Sec. 6. If the superintendent or the attending physician believes the individual should be detained for more than twenty-four (24) hours from time of admission to the facility, the superintendent or the physician must have an application filed for emergency detention under IC 12-26-5 immediately upon the earlier of the following:
            (1) A judge becomes available.
            (2) Within seventy-two (72) hours of admission to the facility.
    As added by P.L.2-1992, SEC.20.

    IC 12-26-4-7
    Discharge
        
    Sec. 7. An individual detained under this chapter shall be discharged if either the attending physician or superintendent believes detention is no longer necessary.
    As added by P.L.2-1992, SEC.20.

    IC 12-26-4-8
    Detention in addition to detention under IC 12-26-5
        
    Sec. 8. A period of detention under this chapter is in addition to a period of detention under IC 12-26-5.
    As added by P.L.2-1992, SEC.20.

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