CHAPTER 6. TEMPORARY COMMITMENT
IC 12-26-6
Chapter 6. Temporary Commitment
IC 12-26-6-1
90 day commitment of individuals who are mentally ill and eitherdangerous or gravely disabled
Sec. 1. An individual who is alleged to be mentally ill and eitherdangerous or gravely disabled may be committed to a facility for notmore than ninety (90) days under this chapter.
As added by P.L.2-1992, SEC.20.
IC 12-26-6-2
Methods by which commitment proceedings may be begun
Sec. 2. (a) A commitment under this chapter may be begun by anyof the following methods:
(1) Upon request of the superintendent under IC 12-26-3-5.
(2) An order of the court having jurisdiction over the individualfollowing emergency detention.
(3) Filing a petition with a court having jurisdiction in thecounty:
(A) of residence of the individual; or
(B) where the individual may be found.
(b) A petitioner under subsection (a)(3) must be at least eighteen(18) years of age.
(c) A petition under subsection (a)(3) must include a physician'swritten statement stating both of the following:
(1) The physician has examined the individual within the pastthirty (30) days.
(2) The physician believes the individual is:
(A) mentally ill and either dangerous or gravely disabled;and
(B) in need of custody, care, or treatment in an appropriatefacility.
As added by P.L.2-1992, SEC.20.
IC 12-26-6-3
Notice of hearing
Sec. 3. (a) Notice of a hearing under this chapter shall be given toall of the following:
(1) The individual.
(2) The petitioner.
(3) The superintendent or the chief executive officer of afacility having care or custody of the individual.
(b) The notice required by subsection (a) must state the time,place, and date of the hearing.
As added by P.L.2-1992, SEC.20.
IC 12-26-6-4
Hearing date
Sec. 4. (a) Within three (3) days after a proceeding is begun under
this chapter, the court shall enter an order setting a hearing date.
(b) If the proceeding was begun under section 2(a)(3) of thischapter, the hearing date set under subsection (a) must be more thanone (1) day but less than fourteen (14) days from the date of notice.
(c) If the proceeding was begun under section 2(a)(1) or 2(a)(2)of this chapter, the hearing shall be held within ten (10) days afterissuance of the order.
As added by P.L.2-1992, SEC.20.
IC 12-26-6-5
Hearing site
Sec. 5. The court may hold the hearing at a facility or othersuitable place not likely to have a harmful effect on the individual'shealth or well-being.
As added by P.L.2-1992, SEC.20.
IC 12-26-6-6
Appointment of physician; examination of individual; report
Sec. 6. The court may appoint a physician to do the following:
(1) Examine the individual.
(2) Report, before the hearing, the physician's opinion as to thefollowing:
(A) Whether the individual is mentally ill and eitherdangerous or gravely disabled.
(B) Whether the individual needs temporary commitment toa facility for diagnosis, care, and treatment.
As added by P.L.2-1992, SEC.20.
IC 12-26-6-7
Report; dismissal of petition
Sec. 7. If a report made under section 6 of this chapter is that theindividual is not either dangerous or gravely disabled, the court mayterminate the proceedings and dismiss the petition. Otherwise, thehearing shall proceed as scheduled or as continued by the court.
As added by P.L.2-1992, SEC.20.
IC 12-26-6-8
Order of commitment
Sec. 8. (a) If, upon the completion of the hearing andconsideration of the record, the court finds that the individual ismentally ill and either dangerous or gravely disabled, the court mayorder the individual to:
(1) be committed to an appropriate facility; or
(2) enter an outpatient treatment program under IC 12-26-14 fora period of not more than ninety (90) days.
(b) The court's order must require that the superintendent of thefacility or the attending physician file a treatment plan with the courtwithin fifteen (15) days of the individual's admission to the facilityunder a commitment order.
(c) If the commitment ordered under subsection (a) is to a state
institution administered by the division of mental health andaddiction, the record of commitment proceedings must include areport from a community mental health center stating both of thefollowing:
(1) That the community mental health center has evaluated theindividual.
(2) That commitment to a state institution administered by thedivision of mental health and addiction under this chapter isappropriate.
(d) The physician who makes the statement required by section2(c) of this chapter may be affiliated with the community mentalhealth center that submits to the court the report required bysubsection (c).
(e) If the commitment is of an adult to a research bed at Larue D.Carter Memorial Hospital as set forth in IC 12-21-2-3, the reportfrom a community mental health center is not required.
(f) If a commitment ordered under subsection (a) is to a stateinstitution administered by the division of disability andrehabilitative services, the record of commitment proceedings mustinclude a report from a service coordinator employed by the divisionof disability and rehabilitative services stating that, based on adiagnostic assessment of the individual, commitment to a stateinstitution administered by the division of disability andrehabilitative services under this chapter is appropriate.
(g) If the court makes a finding under subsection (a) (including afinding in reference to a child under IC 31-37-18-3), the court shalltransmit any information required by the division of state courtadministration to the division of state court administration fortransmission to the NICS (as defined in IC 35-47-2.5-2.5) inaccordance with IC 33-24-6-3.
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.57;P.L.6-1995, SEC.24; P.L.24-1997, SEC.57; P.L.215-2001, SEC.72;P.L.141-2006, SEC.67; P.L.110-2009, SEC.7.
IC 12-26-6-9
Discharge before end of commitment period; notification of court
Sec. 9. (a) Unless the court has entered an order underIC 12-26-12-1, the superintendent or the attending physician maydischarge the individual before the end of the commitment period ifthe superintendent or attending physician determines that theindividual is not mentally ill and either dangerous or gravelydisabled.
(b) If an individual is discharged under subsection (a), thesuperintendent or the attending physician shall notify the court, andthe court shall enter an order terminating the commitment.
As added by P.L.2-1992, SEC.20.
IC 12-26-6-10
Additional commitment period; proceedings
Sec. 10. (a) The period of commitment of an individual under this
chapter may be extended for one (1) additional period of not morethan ninety (90) days through a proceeding under this section.
(b) A proceeding under this section must be begun before the endof the first period of commitment.
(c) A proceeding under this section may be begun by filing withthe court a report by the attending physician or superintendent thatstates that the individual continues to be:
(1) mentally ill and either dangerous or gravely disabled; and
(2) in need of continuing custody, care, or treatment in thefacility for an additional period of not more than ninety (90)days.
(d) Upon receiving a report under subsection (c), the court shallset a hearing on the report.
(e) The hearing required by subsection (d) must be held before theend of the current commitment period.
(f) Notice of the hearing required by subsection (d) shall be givento the committed individual and all other interested individuals atleast five (5) days before the hearing date.
(g) A committed individual's rights and a petitioner's rights andhearing procedures are the same as those provided for the first periodof commitment.
(h) If at the completion of the hearing and the consideration of therecord the individual is found to be:
(1) mentally ill and either dangerous or gravely disabled; and
(2) in need of continuing custody, care, or treatment in thefacility;
the court may order the individual's continuing custody, care, ortreatment in the facility for one (1) additional period of not more thanninety (90) days.
As added by P.L.2-1992, SEC.20.
IC 12-26-6-11
Report required of facility superintendent or attending physicianbefore end of commitment period
Sec. 11. At least twenty (20) days before the end of the first orsecond temporary commitment period, the superintendent of thefacility or the attending physician shall make a report to the courtthat states all of the following:
(1) The mental condition of the individual.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual needs continuing care and treatmentin a facility for a period of more than ninety (90) days.
As added by P.L.2-1992, SEC.20.