CHAPTER 4. IMMEDIATE DETENTION

IC 12-26-4
    Chapter 4. Immediate Detention

IC 12-26-4-1
Law enforcement officers; authority to apprehend, transport, andcharge an individual with a mental illness
    Sec. 1. A law enforcement officer, having reasonable grounds tobelieve that an individual has a mental illness, is dangerous, and isin immediate need of hospitalization and treatment, may do thefollowing:
        (1) Apprehend and transport the individual to the nearestappropriate facility. The individual may not be transported to astate 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 toa facility under section 1 of this chapter shall submit to the facilitya written statement containing the basis for the officer's conclusionthat 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 reasonablegrounds; filing
    Sec. 3. The statement required by section 2 of this chapter shallbe filed with both of the following:
        (1) The individual's records at the facility.
        (2) The appropriate court if action relating to any charges filedby 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 mayfurnish emergency treatment necessary to preserve the health andsafety 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, anindividual may not be detained under this chapter for more thantwenty-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 detentionapplication
    Sec. 6. If the superintendent or the attending physician believesthe individual should be detained for more than twenty-four (24)hours from time of admission to the facility, the superintendent or thephysician must have an application filed for emergency detentionunder 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 bedischarged if either the attending physician or superintendentbelieves 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 toa period of detention under IC 12-26-5.
As added by P.L.2-1992, SEC.20.