CHAPTER 4. IMMEDIATE DETENTION
IC 12-26-4
Chapter 4. Immediate Detention
IC 12-26-4-1
Law enforcement officers; authority to apprehend, transport, and
charge an individual with a mental illness
Sec. 1. A law enforcement officer, having reasonable grounds to
believe that an individual has a mental illness, is dangerous, and is
in immediate need of hospitalization and treatment, may do the
following:
(1) Apprehend and transport the individual to the nearest
appropriate facility. The individual may not be transported to a
state institution.
(2) Charge the individual with an offense if applicable.
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.55;
P.L.99-2007, SEC.129.
IC 12-26-4-2
Law enforcement officers; written statement of reasonable grounds
Sec. 2. A law enforcement officer who transports an individual to
a facility under section 1 of this chapter shall submit to the facility
a written statement containing the basis for the officer's conclusion
that reasonable grounds exist under this chapter.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-3
Law enforcement officers; written statement of reasonable
grounds; filing
Sec. 3. The statement required by section 2 of this chapter shall
be filed with both of the following:
(1) The individual's records at the facility.
(2) The appropriate court if action relating to any charges filed
by the officer against the individual is pursued.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-4
Emergency treatment
Sec. 4. The superintendent of the facility or a physician may
furnish emergency treatment necessary to preserve the health and
safety of the individual detained.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-5
Length of detention
Sec. 5. Except as provided in section 6 of this chapter, an
individual may not be detained under this chapter for more than
twenty-four (24) hours from the time of admission to the facility.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-6
Detaining individual for more than 24 hours; emergency detention
application
Sec. 6. If the superintendent or the attending physician believes
the individual should be detained for more than twenty-four (24)
hours from time of admission to the facility, the superintendent or the
physician must have an application filed for emergency detention
under IC 12-26-5 immediately upon the earlier of the following:
(1) A judge becomes available.
(2) Within seventy-two (72) hours of admission to the facility.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-7
Discharge
Sec. 7. An individual detained under this chapter shall be
discharged if either the attending physician or superintendent
believes detention is no longer necessary.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-8
Detention in addition to detention under IC 12-26-5
Sec. 8. A period of detention under this chapter is in addition to
a period of detention under IC 12-26-5.
As added by P.L.2-1992, SEC.20.