CHAPTER 5. EMERGENCY DETENTION
IC 12-26-5
Chapter 5. Emergency Detention
IC 12-26-5-1
72 hour detention; written application; contents
Sec. 1. (a) An individual may be detained in a facility for notmore than seventy-two (72) hours under this chapter, excludingSaturdays, Sundays, and legal holidays, if a written application fordetention is filed with the facility. The individual may not bedetained in a state institution unless the detention is instituted by thestate institution.
(b) An application under subsection (a) must contain both of thefollowing:
(1) A statement of the applicant's belief that the individual is:
(A) mentally ill and either dangerous or gravely disabled;and
(B) in need of immediate restraint.
(2) A statement by at least one (1) physician that, based on:
(A) an examination; or
(B) information given the physician;
the individual may be mentally ill and either dangerous orgravely disabled.
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993, SEC.153;P.L.40-1994, SEC.56.
IC 12-26-5-2
Judicial officer; endorsement of application; police officerauthorized to take individual into custody; transportation tofacility
Sec. 2. (a) If a judicial officer authorized to issue a warrant forarrest in the county in which the individual is present endorses anapplication made under section 1 of this chapter, the applicationauthorizes a police officer to take the individual into custody andtransport the individual to a facility.
(b) The expense of transportation under this section shall be paidby the county in which the individual is present.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-3
Examination and treatment of detained individual
Sec. 3. An individual detained under this chapter may beexamined and given emergency treatment necessary to do thefollowing:
(1) Preserve the health and safety of the individual.
(2) Protect other persons and property.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-4
Determination during detention that probable cause does not exist;report Sec. 4. If during a detention period under this chapter thesuperintendent or the attending physician determines that there is notprobable cause to believe the individual is mentally ill and eitherdangerous or gravely disabled, a report shall be made under section5 of this chapter.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-5
Written report to court
Sec. 5. Before the end of a detention period under this chapter, thesuperintendent of the facility or the individual's attending physicianshall make a written report to the court. The report must contain bothof the following:
(1) A statement that the individual has been examined.
(2) A statement whether there is probable cause to believe thatthe individual:
(A) is mentally ill and either dangerous or gravely disabled;and
(B) requires continuing care and treatment.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-6
Written report; no probable cause; discharge; record
Sec. 6. (a) If a report made under section 5 of this chapter statesthere is not probable cause, the individual shall be discharged fromthe facility.
(b) The report shall be made part of the individual's record.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-7
Written report; probable cause; recommendations; hearing;detention pending hearing
Sec. 7. If a report made under section 5 of this chapter states thereis probable cause, the report shall recommend both of the following:
(1) That the court hold a hearing to determine whether:
(A) the individual is mentally ill and either dangerous orgravely disabled; and
(B) there is a need for continuing involuntary detention.
(2) That the individual be detained in the facility pending thehearing.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-8
Written report; consideration and action by court; time
Sec. 8. The court shall consider and act upon a report describedin section 7 of this chapter within twenty-four (24) hours of receivingthe report.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-9 Written report; action by court; release of individual; preliminaryor final hearing ordered
Sec. 9. (a) After receiving a report described in section 7 of thischapter, the court may do any of the following:
(1) Order the individual released.
(2) Order the individual's continued detention pending apreliminary hearing. The purpose of a hearing under thissubdivision is to determine if there is probable cause to believethat the individual is:
(A) mentally ill and either dangerous or gravely disabled;and
(B) in need of temporary or regular commitment.
(3) Order a final hearing. The purpose of a hearing orderedunder this subdivision is to determine if the individual is:
(A) mentally ill and either dangerous or gravely disabled;and
(B) in need of temporary or regular commitment.
(b) A hearing ordered under subsection (a) must be held not laterthan two (2) days after the order.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-10
Preliminary hearing; introduction of physician's statement;probable cause finding; discharge; detention pending final hearing
Sec. 10. (a) A physician's statement may be introduced intoevidence at the preliminary hearing held under section 9(a)(2) of thischapter without the presence of the physician.
(b) A finding of probable cause may not be entered at apreliminary hearing unless there is oral testimony:
(1) subject to cross-examination; and
(2) of at least one (1) witness who:
(A) has personally observed the behavior of the individual;and
(B) will testify to facts supporting a finding that there isprobable cause to believe that the individual is in need oftemporary or regular commitment.
(c) At the conclusion of the preliminary hearing, if the court doesnot find probable cause, the individual shall be immediatelydischarged.
(d) If the court finds at the conclusion of the preliminary hearingprobable cause to believe that the individual needs temporary orregular commitment, the court shall order the detention of theindividual in an appropriate facility pending a final hearing.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-11
Final hearing; time; testimony of examining physician; waiver;temporary or permanent commitment
Sec. 11. (a) A final hearing required by section 10(d) of thischapter shall be held within ten (10) days of the date of the
preliminary hearing.
(b) At a final hearing, an individual may not be found in need oftemporary or regular commitment unless at least one (1) physicianwho has personally examined the individual testifies at the hearing.This testimony may be waived by the individual if the waiver isvoluntarily and knowingly given.
(c) If an individual has not previously been the subject of acommitment proceeding, the court may order only a temporarycommitment.
(d) If an individual has previously been the subject of acommitment proceeding, the court may order a regular commitmentif a longer period of treatment is warranted.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-12
Determination of absence of probable cause when individual takeninto custody; transportation, care, and maintenance costs
Sec. 12. If it is determined that there was not probable cause tobelieve that an individual had a mental illness and was dangerouswhen taken into custody and transported to the facility to bedetained, the costs of transportation to and care and maintenance inthe facility during the period of detention shall be paid by the countyin which the individual was taken into custody.
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007,SEC.130.