CHAPTER 17. OFFENSES
IC 12-24-17
Chapter 17. Offenses
IC 12-24-17-1
"Administrator" defined
Sec. 1. (a) As used in this chapter, "administrator" means a personwho is the administrative head of a hospital, a sanitarium, aninstitution, an agency, or an instrumentality:
(1) maintained or provided by the United States or an agency orinstrumentality of the United States; and
(2) where mental illnesses or developmental disabilities aretreated.
(b) The term, for purposes of this chapter and a court order,includes successors in office.
As added by P.L.2-1992, SEC.18. Amended by P.L.6-1995, SEC.19.
IC 12-24-17-2
"Patient" defined
Sec. 2. As used in this chapter, "patient" means an individual who:
(1) has a mental illness or appears to have a mental illness;
(2) is in or under the supervision and control of a stateinstitution; or
(3) because of mental illness, is under the supervision andcontrol of a circuit or superior court of Indiana.
As added by P.L.2-1992, SEC.18. Amended by P.L.99-2007,SEC.119.
IC 12-24-17-3
Neglect, abuse, or maltreatment of a patient in a state institution;penalty
Sec. 3. A person who:
(1) neglects, when the person has a duty of care;
(2) abuses; or
(3) maltreats;
an individual with a mental illness or an individual with adevelopmental disability under the care of a state institution commitsa Class B misdemeanor.
As added by P.L.2-1992, SEC.18. Amended by P.L.6-1995, SEC.20;P.L.99-2007, SEC.120.
IC 12-24-17-4
Knowledge of alleged violation of IC 12-24-17-3; failure to makewritten report to superintendent
Sec. 4. A person who:
(1) knows of an alleged violation of section 3 of this chapter;and
(2) fails to make a written report to the superintendent withintwenty-four (24) hours of the alleged violation;
commits a Class A infraction.
As added by P.L.2-1992, SEC.18.
IC 12-24-17-5
Receipt by superintendent of report of alleged violation;investigation; reporting requirements
Sec. 5. (a) A superintendent who receives a written report of analleged violation of section 3 of this chapter shall begin aninvestigation within twenty-four (24) hours after receipt of thewritten report.
(b) In accordance with IC 31-33, the superintendent shall reportthe alleged violation of section 3 of this chapter to either of thefollowing:
(1) The department of child services if the alleged victim is lessthan eighteen (18) years of age.
(2) The adult protective services unit designated underIC 12-10-3 if the alleged victim is at least eighteen (18) years ofage.
As added by P.L.2-1992, SEC.18. Amended by P.L.4-1993, SEC.202;P.L.5-1993, SEC.215; P.L.1-1997, SEC.85; P.L.234-2005, SEC.78.
IC 12-24-17-6
Unauthorized dealing or contracting by state institution employeewith or for a patient concerning money or property
Sec. 6. An employee of a state institution who does any of thefollowing commits a Class B misdemeanor:
(1) Knowingly deals with, contracts with, purchases from, orpurchases for a patient in the state institution any propertywithout the permission of the superintendent.
(2) Lends to or borrows from a patient money or other property.
As added by P.L.2-1992, SEC.18.
IC 12-24-17-7
Enticing or taking a patient away or aiding a patient to escapefrom the custody of an administrator or a superintendent
Sec. 7. A person who:
(1) recklessly entices or takes a patient away; or
(2) aids, induces, or causes a patient to escape;
from an administrator or a superintendent who has been grantedcustody of the patient commits a Class B misdemeanor.
As added by P.L.2-1992, SEC.18.
IC 12-24-17-8
Releasing information concerning a patient's medical records ortreatment without written consent of patient, parent, or guardian
Sec. 8. A person who knowingly or intentionally releasesinformation concerning a patient's medical records or treatmentunder IC 12-24-11 or IC 16-39-2 without the knowing, writtenconsent of the patient or the patient's parent or guardian commits aClass B infraction.
As added by P.L.2-1992, SEC.18. Amended by P.L.40-1994, SEC.53.