CHAPTER 7. REGULAR COMMITMENT
IC 12-26-7
Chapter 7. Regular Commitment
IC 12-26-7-1
Application of chapter
Sec. 1. This chapter applies to a proceeding for commitment of anindividual:
(1) alleged to be mentally ill and either dangerous or gravelydisabled; and
(2) whose commitment is reasonably expected to requirecustody, care, or treatment in a facility for more than ninety(90) days.
As added by P.L.2-1992, SEC.20.
IC 12-26-7-2
Application of section; commitment of persons apparentlysuffering from chronic mental illness; initiation of proceedings;petition
Sec. 2. (a) This section does not apply to the commitment of anindividual if the individual has previously been committed underIC 12-26-6.
(b) A proceeding for the commitment of an individual whoappears to be suffering from a chronic mental illness may be begunby filing with a court having jurisdiction a written petition by any ofthe following:
(1) A health officer.
(2) A police officer.
(3) A friend of the individual.
(4) A relative of the individual.
(5) The spouse of the individual.
(6) A guardian of the individual.
(7) The superintendent of a facility where the individual ispresent.
(8) A prosecuting attorney in accordance with IC 35-36-2-4.
(9) A prosecuting attorney or the attorney for a county office ifcivil commitment proceedings are initiated under IC 31-34-19-3or IC 31-37-18-3.
(10) A third party that contracts with the division of mentalhealth and addiction to provide competency restoration servicesto a defendant under IC 35-36-3-3 or IC 35-36-3-4.
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993, SEC.203;P.L.5-1993, SEC.216; P.L.1-1997, SEC.86; P.L.77-2004, SEC.1.
IC 12-26-7-3
Petition; physician's written statement; reports
Sec. 3. (a) A petition filed under section 2 of this chapter mustinclude a physician's written statement that states both of thefollowing:
(1) The physician has examined the individual within the pastthirty (30) days. (2) The physician believes that the individual is:
(A) mentally ill and either dangerous or gravely disabled;and
(B) in need of custody, care, or treatment in a facility for aperiod expected to be more than ninety (90) days.
(b) Except as provided in subsection (d), if the commitment is toa state institution administered by the division of mental health andaddiction, the record of the proceedings must include a report froma community mental health center stating both of the following:
(1) The community mental health center has evaluated theindividual.
(2) Commitment to a state institution administered by thedivision of mental health and addiction under this chapter isappropriate.
(c) The physician who makes the statement required by subsection(a) may be affiliated with the community mental health center thatmakes the report required by subsection (b).
(d) 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.
(e) 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.
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.58;P.L.6-1995, SEC.25; P.L.24-1997, SEC.58; P.L.215-2001, SEC.73;P.L.141-2006, SEC.68.
IC 12-26-7-4
Hearing date; rights of subject individual; hearing procedures
Sec. 4. (a) Upon receiving:
(1) a petition under section 2 of this chapter; or
(2) a report under IC 12-26-6-11 that recommends treatment ina facility for more than ninety (90) days;
the court shall enter an order setting a hearing date.
(b) If an individual is currently under a commitment order, thehearing required by subsection (a) must be held before the expirationof the current commitment period. Notice of a hearing under thissubsection shall be given to the individual and all other interestedpersons at least five (5) days before the hearing date.
(c) The rights of an individual who is the subject of a proceedingunder this chapter and of a petitioner are the same as provided inIC 12-26-6.
(d) Hearing procedures are the same as those provided inIC 12-26-6.
As added by P.L.2-1992, SEC.20.
IC 12-26-7-5
Finding that individual is mentally ill and either dangerous orgravely disabled; order for treatment; duration of order;transmittal of information to NICS
Sec. 5. (a) If at the completion of the hearing and theconsideration of the record an individual is found to be mentally illand either dangerous or gravely disabled, the court may enter eitherof the following orders:
(1) For the individual's custody, care, or treatment, or continuedcustody, care, or treatment in an appropriate facility.
(2) For the individual to enter an outpatient therapy programunder IC 12-26-14.
(b) An order entered under subsection (a) continues until any ofthe following occurs:
(1) The individual has been:
(A) discharged from the facility; or
(B) released from the therapy program.
(2) The court enters an order:
(A) terminating the commitment; or
(B) releasing the individual from the therapy program.
(c) If the court makes a finding under subsection (a), the courtshall transmit 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.110-2009, SEC.8.