CHAPTER 3. COMPREHENSION TO STAND TRIAL
IC 35-36-3
Chapter 3. Comprehension to Stand Trial
IC 35-36-3-1
Hearing; psychiatric examination; delay or continuance of trial;confinement in psychiatric institution; competency restorationservices; transmittal of information to NICS
Sec. 1. (a) If at any time before the final submission of anycriminal case to the court or the jury trying the case, the court hasreasonable grounds for believing that the defendant lacks the abilityto understand the proceedings and assist in the preparation of adefense, the court shall immediately fix a time for a hearing todetermine whether the defendant has that ability. The court shallappoint two (2) or three (3) competent, disinterested:
(1) psychiatrists; or
(2) psychologists endorsed by the Indiana state board ofexaminers in psychology as health service providers inpsychology.
At least one (1) of the individuals appointed under this subsectionmust be a psychiatrist. However, none may be an employee or acontractor of a state institution (as defined in IC 12-7-2-184). Theindividuals who are appointed shall examine the defendant andtestify at the hearing as to whether the defendant can understand theproceedings and assist in the preparation of the defendant's defense.
(b) At the hearing, other evidence relevant to whether thedefendant has the ability to understand the proceedings and assist inthe preparation of the defendant's defense may be introduced. If thecourt finds that the defendant has the ability to understand theproceedings and assist in the preparation of the defendant's defense,the trial shall proceed. If the court finds that the defendant lacks thisability, it shall delay or continue the trial and order the defendantcommitted to the division of mental health and addiction. Thedivision of mental health and addiction shall provide competencyrestoration services or enter into a contract for the provision ofcompetency restoration services by a third party in the:
(1) location where the defendant currently resides; or
(2) least restrictive setting appropriate to the needs of thedefendant and the safety of the defendant and others.
However, if the defendant is serving an unrelated executed sentencein the department of correction at the time the defendant iscommitted to the division of mental health and addiction under thissection, the division of mental health and addiction shall providecompetency restoration services or enter into a contract for theprovision of competency restoration services by a third party at adepartment of correction facility agreed upon by the division ofmental health and addiction or the third party contractor and thedepartment of correction.
(c) If the court makes a finding under subsection (b), the courtshall transmit any information required by the division of state courtadministration to the division of state court administration for
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.321-1983,SEC.3; P.L.19-1986, SEC.60; P.L.2-1992, SEC.871; P.L.215-2001,SEC.109; P.L.77-2004, SEC.5; P.L.110-2009, SEC.15.
IC 35-36-3-2
Attainment of ability to stand trial; certification; return to court;order; trial
Sec. 2. Whenever the defendant attains the ability to understandthe proceedings and assist in the preparation of the defendant'sdefense:
(1) the superintendent of the state institution (as defined inIC 12-7-2-184); or
(2) if the division of mental health and addiction entered into acontract for the provision of competency restoration services,the director or medical director of the third party contractor;
shall certify that fact to the proper court, which shall enter an orderdirecting the sheriff to return the defendant. The court shall entersuch an order immediately after being sufficiently advised of thedefendant's attainment of the ability to understand the proceedingsand assist in the preparation of the defendant's defense. Upon thereturn to court of any defendant committed under section 1 of thischapter, the court shall hold the trial as if no delay or postponementhad occurred.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992,SEC.872; P.L.215-2001, SEC.110; P.L.77-2004, SEC.6.
IC 35-36-3-3
Substantial probability of attainment of comprehension to standtrial; certification; commitment proceedings; duration of retention
Sec. 3. (a) Within ninety (90) days after:
(1) a defendant's admission to a state institution (as defined inIC 12-7-2-184); or
(2) the initiation of competency restoration services to adefendant by a third party contractor;
the superintendent of the state institution (as defined inIC 12-7-2-184) or the director or medical director of the third partycontractor, if the division of mental health and addiction has enteredinto a contract for the provision of competency restoration servicesby a third party, shall certify to the proper court whether thedefendant has a substantial probability of attaining the ability tounderstand the proceedings and assist in the preparation of thedefendant's defense within the foreseeable future.
(b) If a substantial probability does not exist, the state institution(as defined in IC 12-7-2-184) or the third party contractor shallinitiate regular commitment proceedings under IC 12-26. If asubstantial probability does exist, the state institution (as defined inIC 12-7-2-184) or third party contractor shall retain the defendant:
(1) until the defendant attains the ability to understand the
proceedings and assist in the preparation of the defendant'sdefense and is returned to the proper court for trial; or
(2) for six (6) months from the date of the:
(A) defendant's admission to a state institution (as defined inIC 12-7-2-184); or
(B) initiation of competency restoration services by a thirdparty contractor;
whichever first occurs.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992,SEC.873; P.L.215-2001, SEC.111; P.L.77-2004, SEC.7.
IC 35-36-3-4
Inability to attain comprehension to stand trial; commitmentproceedings
Sec. 4. If a defendant who was found under section 3 of thischapter to have had a substantial probability of attaining the abilityto understand the proceedings and assist in the preparation of thedefendant's defense has not attained that ability within six (6) monthsafter the date of the:
(1) defendant's admission to a state institution (as defined inIC 12-7-2-184); or
(2) initiation of competency restoration services by a third partycontractor;
the state institution (as defined in IC 12-7-2-184) or the third partycontractor, if the division of mental health and addiction has enteredinto a contract for the provision of competency restoration servicesby a third party, shall institute regular commitment proceedingsunder IC 12-26.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992,SEC.874; P.L.215-2001, SEC.112; P.L.77-2004, SEC.8.