CHAPTER 4. CARE AND TREATMENT OF MENTALLY ILL OFFENDERS
IC 11-10-4
Chapter 4. Care and Treatment of Mentally Ill Offenders
IC 11-10-4-1
Definitions
Sec. 1. (a) As used in this chapter, the terms used in IC 12-26 havethe meanings set forth in IC 12-7-2.
(b) As used in this chapter, "qualified medical personnel" has themeaning set out in IC 11-10-3-1.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992,SEC.103.
IC 11-10-4-2
Providing care and treatment
Sec. 2. The department shall provide for the care and treatment ofevery confined offender who is determined to be mentally ill by apsychiatrist employed or retained by the department. To provide thatcare and treatment, the department may:
(1) establish and operate its own mental health facilities andprograms;
(2) transfer offenders to the division of mental health andaddiction, subject to the approval of the director of the divisionof mental health and addiction; or
(3) contract with any city, county, state, or federal authority orwith other public or private organizations for the provision ofcare and treatment.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980,P.L.87, SEC.1; P.L.2-1992, SEC.104; P.L.135-1993, SEC.2;P.L.215-2001, SEC.19.
IC 11-10-4-3
Involuntary transfers to division of mental health and addiction orto mental health facility
Sec. 3. (a) A committed offender may be involuntarily transferredto the division of mental health and addiction or to a mental healthfacility only if:
(1) the offender has been examined by a psychiatrist employedor retained by the department and the psychiatrist reports to thedepartment in writing that, in the psychiatrist's opinion, theoffender has a mental illness and is in need of care andtreatment by the division of mental health and addiction or in amental health facility;
(2) the director of mental health approves of the transfer if theoffender is to be transferred to the division of mental health andaddiction; and
(3) the department affords the offender a hearing to determinethe need for the transfer, which hearing must comply with thefollowing minimum standards:
(A) The offender shall be given at least ten (10) daysadvance written and verbal notice of the date, time, and
place of the hearing and the reason for the contemplatedtransfer. This notice must advise the offender of the rightsenumerated in clauses (C) and (D). Notice must also begiven to one (1) of the following:
(i) The offender's spouse.
(ii) The offender's parent.
(iii) The offender's attorney.
(iv) The offender's guardian.
(v) The offender's custodian.
(vi) The offender's relative.
(B) A copy of the psychiatrist's report must be given to theoffender not later than at the time notice of the hearing isgiven.
(C) The offender is entitled to appear in person, speak in theoffender's own behalf, call witnesses, present documentaryevidence, and confront and cross-examine witnesses.
(D) The offender is entitled to be represented by counsel orother representative.
(E) The offender must be given a written statement of thefindings of fact, the evidence relied upon, and the reasonsfor the action taken.
(F) A finding that the offender is in need of mental healthcare and treatment in the division of mental health andaddiction or a mental health facility must be based uponclear and convincing evidence.
(b) If the official in charge of the facility or program to which theoffender is assigned determines that emergency care and treatmentin the division of mental health and addiction or a mental healthfacility is necessary to control a mentally ill offender who is eithergravely disabled or dangerous, that offender may be involuntarilytransferred, subject to the approval of the director of the division ofmental health and addiction, before holding the hearing described insubsection (a)(3). However, this subsection does not deprive theoffender of the offender's right to a hearing.
(c) The official in charge of the division of mental health andaddiction or facility to which an offender is transferred under thissection must give the offender a semiannual written report, based ona psychiatrist's examination, concerning the offender's mentalcondition and the need for continued care and treatment in thedivision of mental health and addiction or facility. If the report statesthat the offender is still in need of care and treatment in the divisionof mental health and addiction or a mental health facility, thedivision of mental health and addiction or facility shall, upon requestof the offender or a representative in the offender's behalf, conducta hearing to review the need for that continued care and treatment.The hearing must comply with the minimum standards established bysubsection (a)(3). The division of mental health and addiction orfacility to which the offender is transferred under this section mayconduct a hearing under this subsection upon its initiative.
(d) If the division of mental health and addiction or facility to
which an offender is transferred under this section determines thatthe offender no longer needs care and treatment in the division ofmental health and addiction or facility, the division of mental healthand addiction or facility shall return the offender to the custody ofthe department of correction, and the department of correction shallreassign the offender to another facility or program.
(e) After an offender has been involuntarily transferred to andaccepted by the division of mental health and addiction, thedepartment shall transmit any information required by the divisionof state court administration for transmission to the NICS (as definedin IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980,P.L.87, SEC.2; P.L.2-1992, SEC.105; P.L.215-2001, SEC.20;P.L.99-2007, SEC.39; P.L.110-2009, SEC.6.
IC 11-10-4-4
Voluntary transfers to division of mental health and addiction ormental health facility
Sec. 4. (a) An offender who believes the offender to have a mentalillness and to be in need of care and treatment in the division ofmental health and addiction or a mental health facility shall, at theoffender's request for transfer, be examined by a psychiatristemployed or retained by the department of correction, who shallreport the psychiatrist's findings to the department of correction. Ifthe report states that the offender has a mental illness and is in needof care and treatment in the division of mental health and addictionor a mental health facility, the department of correction shall transferthe offender to the division of mental health and addiction, subjectto the approval of the director of the division of mental health andaddiction, or to a mental health facility. If the department ofcorrection intends to transfer an offender to the division of mentalhealth and addiction, the department of correction shall transmit acopy of the psychiatrist's report to the division of mental health andaddiction.
(b) Section 3(c) and 3(d) of this chapter apply to transfers underthis section.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980,P.L.87, SEC.3; P.L.2-1992, SEC.106; P.L.215-2001, SEC.21;P.L.99-2007, SEC.40.
IC 11-10-4-5
Transfer not to extend offender's term of imprisonment orconfinement; commitment proceedings
Sec. 5. A transfer under this chapter does not extend an offender'sterm of imprisonment or commitment. However, if it is determinedthat an offender transferred under this chapter will be in need ofmental health care and treatment after the offender's term ofimprisonment or commitment ends, the division of mental health andaddiction or facility to which the offender was transferred mayinstitute commitment proceedings under IC 12-26.As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992,SEC.107; P.L.215-2001, SEC.22.
IC 11-10-4-6
Administration of drug for controlling mental or emotionaldisorder; requirements
Sec. 6. The administration of a drug by the department for thepurpose of controlling a mental or emotional disorder is subject tothe following requirements:
(1) The particular drug must be prescribed by a physician whohas examined the offender.
(2) The drug must be administered by either a physician orqualified medical personnel under the direct supervision of aphysician.
(3) The offender must be periodically observed, during theduration of the drug's effect, by qualified medical personnel.
(4) A drug may be administered for a period longer thanseventy-two (72) hours only if the administration is part of apsychotherapeutic program of treatment prescribed and detailedin writing by a physician.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-4-6.6
Mental health corrections quality advisory committee
Sec. 6.6. (a) As used in this section, "advisory committee" refersto the mental health corrections quality advisory committeeestablished by subsection (b).
(b) The mental health corrections quality advisory committee isestablished. The advisory committee consists of the followingmembers:
(1) The commissioner of the department or the commissioner'sdesignee, who shall serve as chairperson of the advisorycommittee.
(2) The director of the division of mental health and addictionor the director's designee.
(3) A representative of a statewide mental health advocacyorganization.
(4) A representative of a statewide mental health providerorganization.
(5) A representative from a medical services organization thatparticipates in the department's medical services program.
(6) A member with expertise in psychiatric researchrepresenting a postsecondary educational institution.
(7) A pharmacist licensed under IC 25-26 with expertise inmental health disorders.
The governor shall make the appointments under subdivisions (3)through (7) for a term of four (4) years and fill any vacancy on theadvisory committee.
(c) The affirmative votes of a majority of the voting membersappointed to the advisory committee are required for the committee
to take action on any measure.
(d) The advisory committee shall advise the department and makerecommendations concerning the department's formulary formedications for mental health and addictive disorders and considerthe following:
(1) Peer reviewed medical literature.
(2) Observational studies.
(3) Health economic studies.
(4) Input from physicians and patients.
(5) Any other information determined by the advisorycommittee to be appropriate.
(e) The department shall report recommendations made by theadvisory committee to the department's medical director.
(f) The department shall report the following information to theIndiana commission on mental health (IC 12-21-6.5-2):
(1) The advisory committee's advice and recommendationsmade under this section.
(2) The number and types of restrictions implemented by thedepartment and the outcome of each restriction.
(3) The transition of individuals with mental illness into thecommunity and the rate of recidivism.
(4) Any decision by the department to change the mental healthcare delivery system in which medication is provided toinmates.
As added by P.L.170-2009, SEC.1.
IC 11-10-4-7
Rules
Sec. 7. The department may adopt, under IC 4-22-2, rules toimplement this chapter.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-4-8
Notification to division of mental health and addiction ofcommitment of offender; copy of evaluation
Sec. 8. Whenever an offender sentenced under IC 35-36-2-5 iscommitted to the department of correction, the department ofcorrection shall immediately inform the division of mental health andaddiction of the commitment and provide the division of mentalhealth and addiction with a copy of the evaluation made by thedepartment of correction under IC 11-10-1-2.
As added by P.L.127-1985, SEC.1. Amended by P.L.2-1992,SEC.108; P.L.215-2001, SEC.23.
IC 11-10-4-9
Transfer of mental health and health records
Sec. 9. (a) As used in this section, "mental health record" has themeaning set forth in IC 16-18-2-226.
(b) Subject to the conditions described in subsection (e), apsychiatrist or behavioral health care provider may, with or without
the offender's consent, provide a copy of an offender's health andmental health records to a facility, an agency, or a health careprovider responsible for the incarceration of an offender. The facilityor agency responsible for the incarceration of an offender shallmaintain any health and mental health records provided under thissubsection as part of the offender's health record.
(c) Subject to the conditions described in subsection (e), if anoffender is transferred to a different facility, the operator of thefacility or agency from which the offender is transferred shallprovide the offender's health and mental health records to the facilitythat is used to:
(1) house; or
(2) provide mental health treatment to;
the offender, including a county jail or a community mental healthcenter.
(d) The department shall maintain health and mental healthrecords for each offender incarcerated by the department. Subject tothe conditions described in subsection (e), after an offender isreleased from incarceration, the department shall provide theoffender's health and mental health records, if any, to a mental healthfacility, mental health provider, or designated health care providerthat is providing mental health treatment to the offender.
(e) An offender's health and mental health records may bedisclosed under this section only if the records are necessary for:
(1) the provision of health care to the offender;
(2) the health and safety of the offender or other offenders;
(3) the health and safety of others at the facility;
(4) the health and safety of persons responsible for transportingor transferring the offender from one location to another;
(5) law enforcement on the premises of a facility; or
(6) the administration and maintenance of the safety, security,and good order of the facility.
(f) All records covered under this section are subject to privacyand confidentiality laws, rules, and procedures enacted by the stateor federal government.
As added by P.L.93-2007, SEC.1.