IC 12-26-15-1 Annual review; contents; filing with court; notice; report on
individual committed after verdict of not responsible by reason of
insanity
Sec. 1. (a) At least annually, and more often if directed by the
court, the superintendent of the facility or the attending physician
including the superintendent or attending physician of an outpatient
therapy program, shall file with the court a review of the individual's
care and treatment. The review must contain a statement of the
following:
(1) The mental condition of the individual.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual:
(A) needs to remain in the facility; or
(B) may be cared for under a guardianship.
(b) If the court has entered an order under IC 12-26-12-1, the
superintendent or the attending physician shall give notice of the
review to the petitioner in the individual's commitment proceeding
and other persons that were designated by the court under
IC 12-26-12-1 or as provided in this section.
(c) If an individual has been committed under IC 35-36-2-4, the
superintendent of the facility or the attending physician shall:
(1) file with the court the report described in subsection (a)
every six (6) months, or more often if directed by the court; and
(2) notify the court, the petitioner, and any other person or
persons designated by the court under this section:
(A) at least ten (10) days before, or as soon as practicable in
case of an emergency, when:
(i) the committed individual is allowed outside the facility
or the grounds of the facility not under custodial
supervision;
(ii) the committed individual is transferred to another
facility and the location of that facility; or
(iii) the committed individual is discharged or the
individual's commitment is otherwise terminated; and
(B) as soon as practicable if the committed individual
escapes.
(d) The court may designate as a person or persons to receive the
notices provided in this section a person or persons who suffered
harm as the result of a crime for which the committed individual was
on trial.
(e) The court may designate as a person or persons to receive the
notices provided in this section:
(1) an individual or individuals described in subsection (d); or
(2) a designated representative if the person or persons
described in subsection (d) are incompetent, deceased, less than
eighteen (18) years of age, or otherwise incapable of receiving
or understanding a notice provided for in this section.
(f) A commitment order issued by a court under IC 35-36-2-4 and
this article must include the following:
(1) The mailing address, electronic mail address, facsimile
number, and telephone number of the following:
(A) The petitioner who filed the petition under IC 35-36-2-4.
(B) Any other person designated by the court.
(2) The notice requirements set forth in this section. As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.61;
P.L.77-2004, SEC.2.
IC 12-26-15-2 Receipt by court of review; options; appointment of guardian
Sec. 2. (a) Upon receipt of the report required by section 1 of this
chapter, the court shall do one (1) of the following:
(1) Order the individual's continued custody, care, and
treatment in the appropriate facility or therapy program.
(2) Terminate the commitment or release the individual from
the therapy program.
(3) Conduct a hearing under IC 12-26-12.
(b) The court may, in order to make provision for the individual's
continued care, appoint a guardian for the individual. As added by P.L.2-1992, SEC.20.
IC 12-26-15-3 Requesting hearing for review or dismissal of commitment or
order; frequency of commitment reviews; hearing date
Sec. 3. (a) Upon receiving a copy of the court order, the individual
or the individual's representative may request a hearing for review or
dismissal of the commitment or order concerning the therapy
program. The right to review of the regular commitment or therapy
order is limited to one (1) review each year, unless the court
determines that there is good cause for an additional review.
(b) When a hearing request is received, the court shall set a
hearing date and provide at least five (5) days notice to all of the
following:
(1) The individual.
(2) The individual's counsel.
(3) Other interested parties. As added by P.L.2-1992, SEC.20.
IC 12-26-15-4 Rights of committed individual; hearing procedures
Sec. 4. (a) The rights of a committed individual are the same as
those provided in IC 12-26-6.
(b) Hearing procedures for a hearing under this chapter are the
same as those provided in IC 12-26-6. As added by P.L.2-1992, SEC.20.
IC 12-26-15-5 Discharge before end of commitment period or court ordered
therapy program period; notice to court of discharge or release
from therapy program
Sec. 5. (a) Unless the court has entered an order under
IC 12-26-12, the individual may be discharged before the end of the
commitment period or court ordered therapy program period if either
of the following apply:
(1) The superintendent or the attending physician determines
that the individual is not mentally ill and either dangerous or
gravely disabled.
(2) The superintendent determines, with the written consent of
the attending physician, that the individual will enter a facility
that provides more appropriate care and treatment immediately
following the individual's discharge.
(b) If an individual is discharged or released from a therapy
program under this section, the superintendent or the attending
physician shall notify the court. The court shall enter an order
terminating the commitment or releasing the individual from the
therapy program. As added by P.L.2-1992, SEC.20.
IC 12-26-15-1 Annual review; contents; filing with court; notice; report on
individual committed after verdict of not responsible by reason of
insanity
Sec. 1. (a) At least annually, and more often if directed by the
court, the superintendent of the facility or the attending physician
including the superintendent or attending physician of an outpatient
therapy program, shall file with the court a review of the individual's
care and treatment. The review must contain a statement of the
following:
(1) The mental condition of the individual.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual:
(A) needs to remain in the facility; or
(B) may be cared for under a guardianship.
(b) If the court has entered an order under IC 12-26-12-1, the
superintendent or the attending physician shall give notice of the
review to the petitioner in the individual's commitment proceeding
and other persons that were designated by the court under
IC 12-26-12-1 or as provided in this section.
(c) If an individual has been committed under IC 35-36-2-4, the
superintendent of the facility or the attending physician shall:
(1) file with the court the report described in subsection (a)
every six (6) months, or more often if directed by the court; and
(2) notify the court, the petitioner, and any other person or
persons designated by the court under this section:
(A) at least ten (10) days before, or as soon as practicable in
case of an emergency, when:
(i) the committed individual is allowed outside the facility
or the grounds of the facility not under custodial
supervision;
(ii) the committed individual is transferred to another
facility and the location of that facility; or
(iii) the committed individual is discharged or the
individual's commitment is otherwise terminated; and
(B) as soon as practicable if the committed individual
escapes.
(d) The court may designate as a person or persons to receive the
notices provided in this section a person or persons who suffered
harm as the result of a crime for which the committed individual was
on trial.
(e) The court may designate as a person or persons to receive the
notices provided in this section:
(1) an individual or individuals described in subsection (d); or
(2) a designated representative if the person or persons
described in subsection (d) are incompetent, deceased, less than
eighteen (18) years of age, or otherwise incapable of receiving
or understanding a notice provided for in this section.
(f) A commitment order issued by a court under IC 35-36-2-4 and
this article must include the following:
(1) The mailing address, electronic mail address, facsimile
number, and telephone number of the following:
(A) The petitioner who filed the petition under IC 35-36-2-4.
(B) Any other person designated by the court.
(2) The notice requirements set forth in this section. As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.61;
P.L.77-2004, SEC.2.
IC 12-26-15-2 Receipt by court of review; options; appointment of guardian
Sec. 2. (a) Upon receipt of the report required by section 1 of this
chapter, the court shall do one (1) of the following:
(1) Order the individual's continued custody, care, and
treatment in the appropriate facility or therapy program.
(2) Terminate the commitment or release the individual from
the therapy program.
(3) Conduct a hearing under IC 12-26-12.
(b) The court may, in order to make provision for the individual's
continued care, appoint a guardian for the individual. As added by P.L.2-1992, SEC.20.
IC 12-26-15-3 Requesting hearing for review or dismissal of commitment or
order; frequency of commitment reviews; hearing date
Sec. 3. (a) Upon receiving a copy of the court order, the individual
or the individual's representative may request a hearing for review or
dismissal of the commitment or order concerning the therapy
program. The right to review of the regular commitment or therapy
order is limited to one (1) review each year, unless the court
determines that there is good cause for an additional review.
(b) When a hearing request is received, the court shall set a
hearing date and provide at least five (5) days notice to all of the
following:
(1) The individual.
(2) The individual's counsel.
(3) Other interested parties. As added by P.L.2-1992, SEC.20.
IC 12-26-15-4 Rights of committed individual; hearing procedures
Sec. 4. (a) The rights of a committed individual are the same as
those provided in IC 12-26-6.
(b) Hearing procedures for a hearing under this chapter are the
same as those provided in IC 12-26-6. As added by P.L.2-1992, SEC.20.
IC 12-26-15-5 Discharge before end of commitment period or court ordered
therapy program period; notice to court of discharge or release
from therapy program
Sec. 5. (a) Unless the court has entered an order under
IC 12-26-12, the individual may be discharged before the end of the
commitment period or court ordered therapy program period if either
of the following apply:
(1) The superintendent or the attending physician determines
that the individual is not mentally ill and either dangerous or
gravely disabled.
(2) The superintendent determines, with the written consent of
the attending physician, that the individual will enter a facility
that provides more appropriate care and treatment immediately
following the individual's discharge.
(b) If an individual is discharged or released from a therapy
program under this section, the superintendent or the attending
physician shall notify the court. The court shall enter an order
terminating the commitment or releasing the individual from the
therapy program. As added by P.L.2-1992, SEC.20.
IC 12-26-15-1 Annual review; contents; filing with court; notice; report on
individual committed after verdict of not responsible by reason of
insanity
Sec. 1. (a) At least annually, and more often if directed by the
court, the superintendent of the facility or the attending physician
including the superintendent or attending physician of an outpatient
therapy program, shall file with the court a review of the individual's
care and treatment. The review must contain a statement of the
following:
(1) The mental condition of the individual.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual:
(A) needs to remain in the facility; or
(B) may be cared for under a guardianship.
(b) If the court has entered an order under IC 12-26-12-1, the
superintendent or the attending physician shall give notice of the
review to the petitioner in the individual's commitment proceeding
and other persons that were designated by the court under
IC 12-26-12-1 or as provided in this section.
(c) If an individual has been committed under IC 35-36-2-4, the
superintendent of the facility or the attending physician shall:
(1) file with the court the report described in subsection (a)
every six (6) months, or more often if directed by the court; and
(2) notify the court, the petitioner, and any other person or
persons designated by the court under this section:
(A) at least ten (10) days before, or as soon as practicable in
case of an emergency, when:
(i) the committed individual is allowed outside the facility
or the grounds of the facility not under custodial
supervision;
(ii) the committed individual is transferred to another
facility and the location of that facility; or
(iii) the committed individual is discharged or the
individual's commitment is otherwise terminated; and
(B) as soon as practicable if the committed individual
escapes.
(d) The court may designate as a person or persons to receive the
notices provided in this section a person or persons who suffered
harm as the result of a crime for which the committed individual was
on trial.
(e) The court may designate as a person or persons to receive the
notices provided in this section:
(1) an individual or individuals described in subsection (d); or
(2) a designated representative if the person or persons
described in subsection (d) are incompetent, deceased, less than
eighteen (18) years of age, or otherwise incapable of receiving
or understanding a notice provided for in this section.
(f) A commitment order issued by a court under IC 35-36-2-4 and
this article must include the following:
(1) The mailing address, electronic mail address, facsimile
number, and telephone number of the following:
(A) The petitioner who filed the petition under IC 35-36-2-4.
(B) Any other person designated by the court.
(2) The notice requirements set forth in this section. As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.61;
P.L.77-2004, SEC.2.
IC 12-26-15-2 Receipt by court of review; options; appointment of guardian
Sec. 2. (a) Upon receipt of the report required by section 1 of this
chapter, the court shall do one (1) of the following:
(1) Order the individual's continued custody, care, and
treatment in the appropriate facility or therapy program.
(2) Terminate the commitment or release the individual from
the therapy program.
(3) Conduct a hearing under IC 12-26-12.
(b) The court may, in order to make provision for the individual's
continued care, appoint a guardian for the individual. As added by P.L.2-1992, SEC.20.
IC 12-26-15-3 Requesting hearing for review or dismissal of commitment or
order; frequency of commitment reviews; hearing date
Sec. 3. (a) Upon receiving a copy of the court order, the individual
or the individual's representative may request a hearing for review or
dismissal of the commitment or order concerning the therapy
program. The right to review of the regular commitment or therapy
order is limited to one (1) review each year, unless the court
determines that there is good cause for an additional review.
(b) When a hearing request is received, the court shall set a
hearing date and provide at least five (5) days notice to all of the
following:
(1) The individual.
(2) The individual's counsel.
(3) Other interested parties. As added by P.L.2-1992, SEC.20.
IC 12-26-15-4 Rights of committed individual; hearing procedures
Sec. 4. (a) The rights of a committed individual are the same as
those provided in IC 12-26-6.
(b) Hearing procedures for a hearing under this chapter are the
same as those provided in IC 12-26-6. As added by P.L.2-1992, SEC.20.
IC 12-26-15-5 Discharge before end of commitment period or court ordered
therapy program period; notice to court of discharge or release
from therapy program
Sec. 5. (a) Unless the court has entered an order under
IC 12-26-12, the individual may be discharged before the end of the
commitment period or court ordered therapy program period if either
of the following apply:
(1) The superintendent or the attending physician determines
that the individual is not mentally ill and either dangerous or
gravely disabled.
(2) The superintendent determines, with the written consent of
the attending physician, that the individual will enter a facility
that provides more appropriate care and treatment immediately
following the individual's discharge.
(b) If an individual is discharged or released from a therapy
program under this section, the superintendent or the attending
physician shall notify the court. The court shall enter an order
terminating the commitment or releasing the individual from the
therapy program. As added by P.L.2-1992, SEC.20.
