IC 12-26-6-1 90 day commitment of individuals who are mentally ill and either
dangerous or gravely disabled
Sec. 1. An individual who is alleged to be mentally ill and either
dangerous or gravely disabled may be committed to a facility for not
more 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 any
of 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 individual
following emergency detention.
(3) Filing a petition with a court having jurisdiction in the
county:
(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's
written statement stating both of the following:
(1) The physician has examined the individual within the past
thirty (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 appropriate
facility. 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 to
all of the following:
(1) The individual.
(2) The petitioner.
(3) The superintendent or the chief executive officer of a
facility 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 this
chapter, the hearing date set under subsection (a) must be more than
one (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 after
issuance 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 other
suitable place not likely to have a harmful effect on the individual's
health 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 the
following:
(A) Whether the individual is mentally ill and either
dangerous or gravely disabled.
(B) Whether the individual needs temporary commitment to
a 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 the
individual is not either dangerous or gravely disabled, the court may
terminate the proceedings and dismiss the petition. Otherwise, the
hearing 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 and
consideration of the record, the court finds that the individual is
mentally ill and either dangerous or gravely disabled, the court may
order the individual to:
(1) be committed to an appropriate facility; or
(2) enter an outpatient treatment program under IC 12-26-14 for
a period of not more than ninety (90) days.
(b) The court's order must require that the superintendent of the
facility or the attending physician file a treatment plan with the court
within fifteen (15) days of the individual's admission to the facility
under a commitment order.
(c) If the commitment ordered under subsection (a) is to a state
institution administered by the division of mental health and
addiction, the record of commitment proceedings must include a
report from a community mental health center stating both of the
following:
(1) That the community mental health center has evaluated the
individual.
(2) That commitment to a state institution administered by the
division of mental health and addiction under this chapter is
appropriate.
(d) The physician who makes the statement required by section
2(c) of this chapter may be affiliated with the community mental
health center that submits to the court the report required by
subsection (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 report
from a community mental health center is not required.
(f) If a commitment ordered under subsection (a) is to a state
institution administered by the division of disability and
rehabilitative services, the record of commitment proceedings must
include a report from a service coordinator employed by the division
of disability and rehabilitative services stating that, based on a
diagnostic assessment of the individual, commitment to a state
institution administered by the division of disability and
rehabilitative services under this chapter is appropriate.
(g) If the court makes a finding under subsection (a) (including a
finding in reference to a child under IC 31-37-18-3), the court shall
transmit any information required by the division of state court
administration to the division of state court administration for
transmission to the NICS (as defined in IC 35-47-2.5-2.5) in
accordance 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 under
IC 12-26-12-1, the superintendent or the attending physician may
discharge the individual before the end of the commitment period if
the superintendent or attending physician determines that the
individual is not mentally ill and either dangerous or gravely
disabled.
(b) If an individual is discharged under subsection (a), the
superintendent or the attending physician shall notify the court, and
the 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 more
than ninety (90) days through a proceeding under this section.
(b) A proceeding under this section must be begun before the end
of the first period of commitment.
(c) A proceeding under this section may be begun by filing with
the court a report by the attending physician or superintendent that
states 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 the
facility for an additional period of not more than ninety (90)
days.
(d) Upon receiving a report under subsection (c), the court shall
set a hearing on the report.
(e) The hearing required by subsection (d) must be held before the
end of the current commitment period.
(f) Notice of the hearing required by subsection (d) shall be given
to the committed individual and all other interested individuals at
least five (5) days before the hearing date.
(g) A committed individual's rights and a petitioner's rights and
hearing procedures are the same as those provided for the first period
of commitment.
(h) If at the completion of the hearing and the consideration of the
record 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 the
facility;
the court may order the individual's continuing custody, care, or
treatment in the facility for one (1) additional period of not more than
ninety (90) days. As added by P.L.2-1992, SEC.20.
IC 12-26-6-11 Report required of facility superintendent or attending physician
before end of commitment period
Sec. 11. At least twenty (20) days before the end of the first or
second temporary commitment period, the superintendent of the
facility or the attending physician shall make a report to the court
that 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 treatment
in a facility for a period of more than ninety (90) days. As added by P.L.2-1992, SEC.20.
IC 12-26-6-1 90 day commitment of individuals who are mentally ill and either
dangerous or gravely disabled
Sec. 1. An individual who is alleged to be mentally ill and either
dangerous or gravely disabled may be committed to a facility for not
more 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 any
of 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 individual
following emergency detention.
(3) Filing a petition with a court having jurisdiction in the
county:
(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's
written statement stating both of the following:
(1) The physician has examined the individual within the past
thirty (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 appropriate
facility. 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 to
all of the following:
(1) The individual.
(2) The petitioner.
(3) The superintendent or the chief executive officer of a
facility 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 this
chapter, the hearing date set under subsection (a) must be more than
one (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 after
issuance 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 other
suitable place not likely to have a harmful effect on the individual's
health 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 the
following:
(A) Whether the individual is mentally ill and either
dangerous or gravely disabled.
(B) Whether the individual needs temporary commitment to
a 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 the
individual is not either dangerous or gravely disabled, the court may
terminate the proceedings and dismiss the petition. Otherwise, the
hearing 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 and
consideration of the record, the court finds that the individual is
mentally ill and either dangerous or gravely disabled, the court may
order the individual to:
(1) be committed to an appropriate facility; or
(2) enter an outpatient treatment program under IC 12-26-14 for
a period of not more than ninety (90) days.
(b) The court's order must require that the superintendent of the
facility or the attending physician file a treatment plan with the court
within fifteen (15) days of the individual's admission to the facility
under a commitment order.
(c) If the commitment ordered under subsection (a) is to a state
institution administered by the division of mental health and
addiction, the record of commitment proceedings must include a
report from a community mental health center stating both of the
following:
(1) That the community mental health center has evaluated the
individual.
(2) That commitment to a state institution administered by the
division of mental health and addiction under this chapter is
appropriate.
(d) The physician who makes the statement required by section
2(c) of this chapter may be affiliated with the community mental
health center that submits to the court the report required by
subsection (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 report
from a community mental health center is not required.
(f) If a commitment ordered under subsection (a) is to a state
institution administered by the division of disability and
rehabilitative services, the record of commitment proceedings must
include a report from a service coordinator employed by the division
of disability and rehabilitative services stating that, based on a
diagnostic assessment of the individual, commitment to a state
institution administered by the division of disability and
rehabilitative services under this chapter is appropriate.
(g) If the court makes a finding under subsection (a) (including a
finding in reference to a child under IC 31-37-18-3), the court shall
transmit any information required by the division of state court
administration to the division of state court administration for
transmission to the NICS (as defined in IC 35-47-2.5-2.5) in
accordance 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 under
IC 12-26-12-1, the superintendent or the attending physician may
discharge the individual before the end of the commitment period if
the superintendent or attending physician determines that the
individual is not mentally ill and either dangerous or gravely
disabled.
(b) If an individual is discharged under subsection (a), the
superintendent or the attending physician shall notify the court, and
the 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 more
than ninety (90) days through a proceeding under this section.
(b) A proceeding under this section must be begun before the end
of the first period of commitment.
(c) A proceeding under this section may be begun by filing with
the court a report by the attending physician or superintendent that
states 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 the
facility for an additional period of not more than ninety (90)
days.
(d) Upon receiving a report under subsection (c), the court shall
set a hearing on the report.
(e) The hearing required by subsection (d) must be held before the
end of the current commitment period.
(f) Notice of the hearing required by subsection (d) shall be given
to the committed individual and all other interested individuals at
least five (5) days before the hearing date.
(g) A committed individual's rights and a petitioner's rights and
hearing procedures are the same as those provided for the first period
of commitment.
(h) If at the completion of the hearing and the consideration of the
record 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 the
facility;
the court may order the individual's continuing custody, care, or
treatment in the facility for one (1) additional period of not more than
ninety (90) days. As added by P.L.2-1992, SEC.20.
IC 12-26-6-11 Report required of facility superintendent or attending physician
before end of commitment period
Sec. 11. At least twenty (20) days before the end of the first or
second temporary commitment period, the superintendent of the
facility or the attending physician shall make a report to the court
that 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 treatment
in a facility for a period of more than ninety (90) days. As added by P.L.2-1992, SEC.20.
IC 12-26-6-1 90 day commitment of individuals who are mentally ill and either
dangerous or gravely disabled
Sec. 1. An individual who is alleged to be mentally ill and either
dangerous or gravely disabled may be committed to a facility for not
more 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 any
of 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 individual
following emergency detention.
(3) Filing a petition with a court having jurisdiction in the
county:
(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's
written statement stating both of the following:
(1) The physician has examined the individual within the past
thirty (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 appropriate
facility. 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 to
all of the following:
(1) The individual.
(2) The petitioner.
(3) The superintendent or the chief executive officer of a
facility 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 this
chapter, the hearing date set under subsection (a) must be more than
one (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 after
issuance 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 other
suitable place not likely to have a harmful effect on the individual's
health 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 the
following:
(A) Whether the individual is mentally ill and either
dangerous or gravely disabled.
(B) Whether the individual needs temporary commitment to
a 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 the
individual is not either dangerous or gravely disabled, the court may
terminate the proceedings and dismiss the petition. Otherwise, the
hearing 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 and
consideration of the record, the court finds that the individual is
mentally ill and either dangerous or gravely disabled, the court may
order the individual to:
(1) be committed to an appropriate facility; or
(2) enter an outpatient treatment program under IC 12-26-14 for
a period of not more than ninety (90) days.
(b) The court's order must require that the superintendent of the
facility or the attending physician file a treatment plan with the court
within fifteen (15) days of the individual's admission to the facility
under a commitment order.
(c) If the commitment ordered under subsection (a) is to a state
institution administered by the division of mental health and
addiction, the record of commitment proceedings must include a
report from a community mental health center stating both of the
following:
(1) That the community mental health center has evaluated the
individual.
(2) That commitment to a state institution administered by the
division of mental health and addiction under this chapter is
appropriate.
(d) The physician who makes the statement required by section
2(c) of this chapter may be affiliated with the community mental
health center that submits to the court the report required by
subsection (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 report
from a community mental health center is not required.
(f) If a commitment ordered under subsection (a) is to a state
institution administered by the division of disability and
rehabilitative services, the record of commitment proceedings must
include a report from a service coordinator employed by the division
of disability and rehabilitative services stating that, based on a
diagnostic assessment of the individual, commitment to a state
institution administered by the division of disability and
rehabilitative services under this chapter is appropriate.
(g) If the court makes a finding under subsection (a) (including a
finding in reference to a child under IC 31-37-18-3), the court shall
transmit any information required by the division of state court
administration to the division of state court administration for
transmission to the NICS (as defined in IC 35-47-2.5-2.5) in
accordance 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 under
IC 12-26-12-1, the superintendent or the attending physician may
discharge the individual before the end of the commitment period if
the superintendent or attending physician determines that the
individual is not mentally ill and either dangerous or gravely
disabled.
(b) If an individual is discharged under subsection (a), the
superintendent or the attending physician shall notify the court, and
the 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 more
than ninety (90) days through a proceeding under this section.
(b) A proceeding under this section must be begun before the end
of the first period of commitment.
(c) A proceeding under this section may be begun by filing with
the court a report by the attending physician or superintendent that
states 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 the
facility for an additional period of not more than ninety (90)
days.
(d) Upon receiving a report under subsection (c), the court shall
set a hearing on the report.
(e) The hearing required by subsection (d) must be held before the
end of the current commitment period.
(f) Notice of the hearing required by subsection (d) shall be given
to the committed individual and all other interested individuals at
least five (5) days before the hearing date.
(g) A committed individual's rights and a petitioner's rights and
hearing procedures are the same as those provided for the first period
of commitment.
(h) If at the completion of the hearing and the consideration of the
record 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 the
facility;
the court may order the individual's continuing custody, care, or
treatment in the facility for one (1) additional period of not more than
ninety (90) days. As added by P.L.2-1992, SEC.20.
IC 12-26-6-11 Report required of facility superintendent or attending physician
before end of commitment period
Sec. 11. At least twenty (20) days before the end of the first or
second temporary commitment period, the superintendent of the
facility or the attending physician shall make a report to the court
that 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 treatment
in a facility for a period of more than ninety (90) days. As added by P.L.2-1992, SEC.20.
