IC 35-36-2
    Chapter 2. Affirmative Defense of Insanity or Mental Illness;Pleadings, Orders, and Findings

IC 35-36-2-1
Time of filing
    Sec. 1. When the defendant in a criminal case intends to interposethe defense of insanity, he must file a notice of that intent with thetrial court no later than:
        (1) twenty (20) days if the defendant is charged with a felony;or
        (2) ten (10) days if the defendant is charged only with one (1)or more misdemeanors;
before the omnibus date. However, in the interest of justice and upona showing of good cause, the court may permit the filing to be madeat any time before commencement of the trial.
As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982,P.L.204, SEC.29.

IC 35-36-2-2
Admissibility of evidence; psychiatrists, psychologists, orphysicians; defendant's failure to communicate, participate, andcooperate with court appointed medical witnesses
    Sec. 2. (a) At the trial of a criminal case in which the defendantintends to interpose the defense of insanity, evidence may beintroduced to prove the defendant's sanity or insanity at the time atwhich the defendant is alleged to have committed the offensecharged in the indictment or information.
    (b) When notice of an insanity defense is filed, the court shallappoint two (2) or three (3) competent disinterested psychiatrists,psychologists endorsed by the state psychology board as healthservice providers in psychology, or physicians, at least one (1) ofwhom must be a psychiatrist, to examine the defendant and to testifyat the trial. This testimony shall follow the presentation of theevidence for the prosecution and for the defense, including testimonyof any medical experts employed by the state or by the defense.
    (c) If a defendant does not adequately communicate, participate,and cooperate with the medical witnesses appointed by the court,after being ordered to do so by the court, the defendant may notpresent as evidence the testimony of any other medical witness:
        (1) with whom the defendant adequately communicated,participated, and cooperated; and
        (2) whose opinion is based upon examinations of the defendant;
unless the defendant shows by a preponderance of the evidence thatthe defendant's failure to communicate, participate, or cooperate withthe medical witnesses appointed by the court was caused by thedefendant's mental illness.
    (d) The medical witnesses appointed by the court may becross-examined by both the prosecution and the defense, and eachside may introduce evidence in rebuttal to the testimony of such a

medical witness.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.321-1983,SEC.2; P.L.19-1986, SEC.59; P.L.149-1987, SEC.119; P.L.77-2004,SEC.3.

IC 35-36-2-3
Finding of jury
    Sec. 3. In all cases in which the defense of insanity is interposed,the jury (or the court if tried by it) shall find whether the defendantis:
        (1) guilty;
        (2) not guilty;
        (3) not responsible by reason of insanity at the time of thecrime; or
        (4) guilty but mentally ill at the time of the crime.
As added by Acts 1981, P.L.298, SEC.5.

IC 35-36-2-4
Finding of nonresponsibility by reason of insanity; commitmentprocedures; requirements of the superintendent and attendingphysician; transmittal of information to NICS
    Sec. 4. (a) Whenever a defendant is found not responsible byreason of insanity at the time of the crime, the prosecuting attorneyshall file a written petition with the court under IC 12-26-6-2(a)(3)or under IC 12-26-7. If a petition is filed under IC 12-26-6-2(a)(3),the court shall hold a commitment hearing under IC 12-26-6. If apetition is filed under IC 12-26-7, the court shall hold a commitmenthearing under IC 12-26-7.
    (b) The hearing shall be conducted at the earliest opportunity afterthe finding of not responsible by reason of insanity at the time of thecrime, and the defendant shall be detained in custody until thecompletion of the hearing. The court may take judicial notice ofevidence introduced during the trial of the defendant and may call thephysicians appointed by the court to testify concerning whether thedefendant is currently mentally ill and dangerous or currentlymentally ill and gravely disabled, as those terms are defined byIC 12-7-2-96 and IC 12-7-2-130(1). The court may subpoena anyother persons with knowledge concerning the issues presented at thehearing.
    (c) The defendant has all the rights provided by the provisions ofIC 12-26 under which the petition against the defendant was filed.The prosecuting attorney may cross-examine the witnesses andpresent relevant evidence concerning the issues presented at thehearing.
    (d) If a court orders an individual to be committed underIC 12-26-6 or IC 12-26-7 following a verdict of not responsible byreason of insanity at the time of the crime, the superintendent of thefacility to which the individual is committed and the attendingphysician are subject to the requirements of IC 12-26-15-1.
    (e) If a defendant is found not responsible by reason of insanity,

the court shall transmit any information required by the division ofstate court administration to the division of state court administrationfor transmission to the NICS (as defined in IC 35-47-2.5-2.5) inaccordance with IC 33-24-6-3.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.200-1983,SEC.4; P.L.2-1992, SEC.869; P.L.77-2004, SEC.4; P.L.110-2009,SEC.13.

IC 35-36-2-5
Finding or plea of guilty but mentally ill; evaluation; sentence;treatment; transmittal of information to NICS
    Sec. 5. (a) Except as provided by subsection (e), whenever adefendant is found guilty but mentally ill at the time of the crime orenters a plea to that effect that is accepted by the court, the courtshall sentence the defendant in the same manner as a defendant foundguilty of the offense.
    (b) Before sentencing the defendant under subsection (a), thecourt shall require the defendant to be evaluated by a physicianlicensed under IC 25-22.5 who practices psychiatric medicine, alicensed psychologist, or a community mental health center (asdefined in IC 12-7-2-38). However, the court may waive thisrequirement if the defendant was evaluated by a physician licensedunder IC 25-22.5 who practices psychiatric medicine, a licensedpsychologist, or a community mental health center and the evaluationis contained in the record of the defendant's trial or plea agreementhearing.
    (c) If a defendant who is found guilty but mentally ill at the timeof the crime is committed to the department of correction, thedefendant shall be further evaluated and then treated in such amanner as is psychiatrically indicated for the defendant's mentalillness. Treatment may be provided by:
        (1) the department of correction; or
        (2) the division of mental health and addiction after transferunder IC 11-10-4.
    (d) If a defendant who is found guilty but mentally ill at the timeof the crime is placed on probation, the court may, in accordancewith IC 35-38-2-2.3, require that the defendant undergo treatment.
    (e) As used in this subsection, "individual with mentalretardation" has the meaning set forth in IC 35-36-9-2. If a courtdetermines under IC 35-36-9 that a defendant who is charged with amurder for which the state seeks a death sentence is an individualwith mental retardation, the court shall sentence the defendant underIC 35-50-2-3(a).
    (f) If a defendant is found guilty but mentally ill, 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 Acts 1981, P.L.298, SEC.5. Amended by P.L.320-1983,SEC.21; P.L.1-1991, SEC.191; P.L.2-1992, SEC.870; P.L.1-1993,

SEC.239; P.L.158-1994, SEC.2; P.L.121-1996, SEC.3;P.L.215-2001, SEC.108; P.L.99-2007, SEC.200; P.L.110-2009,SEC.14.