CHAPTER 15. REVIEW OF COMMITMENT
IC 12-26-15
Chapter 15. Review of Commitment
IC 12-26-15-1
Annual review; contents; filing with court; notice; report onindividual committed after verdict of not responsible by reason ofinsanity
Sec. 1. (a) At least annually, and more often if directed by thecourt, the superintendent of the facility or the attending physicianincluding the superintendent or attending physician of an outpatienttherapy program, shall file with the court a review of the individual'scare and treatment. The review must contain a statement of thefollowing:
(1) The mental condition of the individual.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual:
(A) needs to remain in the facility; or
(B) may be cared for under a guardianship.
(b) If the court has entered an order under IC 12-26-12-1, thesuperintendent or the attending physician shall give notice of thereview to the petitioner in the individual's commitment proceedingand other persons that were designated by the court underIC 12-26-12-1 or as provided in this section.
(c) If an individual has been committed under IC 35-36-2-4, thesuperintendent of the facility or the attending physician shall:
(1) file with the court the report described in subsection (a)every six (6) months, or more often if directed by the court; and
(2) notify the court, the petitioner, and any other person orpersons designated by the court under this section:
(A) at least ten (10) days before, or as soon as practicable incase of an emergency, when:
(i) the committed individual is allowed outside the facilityor the grounds of the facility not under custodialsupervision;
(ii) the committed individual is transferred to anotherfacility and the location of that facility; or
(iii) the committed individual is discharged or theindividual's commitment is otherwise terminated; and
(B) as soon as practicable if the committed individualescapes.
(d) The court may designate as a person or persons to receive thenotices provided in this section a person or persons who sufferedharm as the result of a crime for which the committed individual wason trial.
(e) The court may designate as a person or persons to receive thenotices provided in this section:
(1) an individual or individuals described in subsection (d); or
(2) a designated representative if the person or personsdescribed in subsection (d) are incompetent, deceased, less thaneighteen (18) years of age, or otherwise incapable of receiving
or understanding a notice provided for in this section.
(f) A commitment order issued by a court under IC 35-36-2-4 andthis article must include the following:
(1) The mailing address, electronic mail address, facsimilenumber, and telephone number of the following:
(A) The petitioner who filed the petition under IC 35-36-2-4.
(B) Any other person designated by the court.
(2) The notice requirements set forth in this section.
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.61;P.L.77-2004, SEC.2.
IC 12-26-15-2
Receipt by court of review; options; appointment of guardian
Sec. 2. (a) Upon receipt of the report required by section 1 of thischapter, the court shall do one (1) of the following:
(1) Order the individual's continued custody, care, andtreatment in the appropriate facility or therapy program.
(2) Terminate the commitment or release the individual fromthe therapy program.
(3) Conduct a hearing under IC 12-26-12.
(b) The court may, in order to make provision for the individual'scontinued care, appoint a guardian for the individual.
As added by P.L.2-1992, SEC.20.
IC 12-26-15-3
Requesting hearing for review or dismissal of commitment ororder; frequency of commitment reviews; hearing date
Sec. 3. (a) Upon receiving a copy of the court order, the individualor the individual's representative may request a hearing for review ordismissal of the commitment or order concerning the therapyprogram. The right to review of the regular commitment or therapyorder is limited to one (1) review each year, unless the courtdetermines that there is good cause for an additional review.
(b) When a hearing request is received, the court shall set ahearing date and provide at least five (5) days notice to all of thefollowing:
(1) The individual.
(2) The individual's counsel.
(3) Other interested parties.
As added by P.L.2-1992, SEC.20.
IC 12-26-15-4
Rights of committed individual; hearing procedures
Sec. 4. (a) The rights of a committed individual are the same asthose provided in IC 12-26-6.
(b) Hearing procedures for a hearing under this chapter are thesame as those provided in IC 12-26-6.
As added by P.L.2-1992, SEC.20.
IC 12-26-15-5 Discharge before end of commitment period or court orderedtherapy program period; notice to court of discharge or releasefrom therapy program
Sec. 5. (a) Unless the court has entered an order underIC 12-26-12, the individual may be discharged before the end of thecommitment period or court ordered therapy program period if eitherof the following apply:
(1) The superintendent or the attending physician determinesthat the individual is not mentally ill and either dangerous orgravely disabled.
(2) The superintendent determines, with the written consent ofthe attending physician, that the individual will enter a facilitythat provides more appropriate care and treatment immediatelyfollowing the individual's discharge.
(b) If an individual is discharged or released from a therapyprogram under this section, the superintendent or the attendingphysician shall notify the court. The court shall enter an orderterminating the commitment or releasing the individual from thetherapy program.
As added by P.L.2-1992, SEC.20.