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 restoration
services; transmittal of information to NICS
Sec. 1. (a) If at any time before the final submission of any
criminal case to the court or the jury trying the case, the court has
reasonable grounds for believing that the defendant lacks the ability
to understand the proceedings and assist in the preparation of a
defense, the court shall immediately fix a time for a hearing to
determine whether the defendant has that ability. The court shall
appoint two (2) or three (3) competent, disinterested:
(1) psychiatrists; or
(2) psychologists endorsed by the Indiana state board of
examiners in psychology as health service providers in
psychology.
At least one (1) of the individuals appointed under this subsection
must be a psychiatrist. However, none may be an employee or a
contractor of a state institution (as defined in IC 12-7-2-184). The
individuals who are appointed shall examine the defendant and
testify at the hearing as to whether the defendant can understand the
proceedings and assist in the preparation of the defendant's defense.
(b) At the hearing, other evidence relevant to whether the
defendant has the ability to understand the proceedings and assist in
the preparation of the defendant's defense may be introduced. If the
court finds that the defendant has the ability to understand the
proceedings and assist in the preparation of the defendant's defense,
the trial shall proceed. If the court finds that the defendant lacks this
ability, it shall delay or continue the trial and order the defendant
committed to the division of mental health and addiction. The
division of mental health and addiction shall provide competency
restoration services or enter into a contract for the provision of
competency 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 the
defendant and the safety of the defendant and others.
However, if the defendant is serving an unrelated executed sentence
in the department of correction at the time the defendant is
committed to the division of mental health and addiction under this
section, the division of mental health and addiction shall provide
competency restoration services or enter into a contract for the
provision of competency restoration services by a third party at a
department of correction facility agreed upon by the division of
mental health and addiction or the third party contractor and the
department of correction.
(c) If the court makes a finding under subsection (b), 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 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 understand
the proceedings and assist in the preparation of the defendant's
defense:
(1) the superintendent of the state institution (as defined in
IC 12-7-2-184); or
(2) if the division of mental health and addiction entered into a
contract 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 order
directing the sheriff to return the defendant. The court shall enter
such an order immediately after being sufficiently advised of the
defendant's attainment of the ability to understand the proceedings
and assist in the preparation of the defendant's defense. Upon the
return to court of any defendant committed under section 1 of this
chapter, the court shall hold the trial as if no delay or postponement
had 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 stand
trial; 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 in
IC 12-7-2-184); or
(2) the initiation of competency restoration services to a
defendant by a third party contractor;
the superintendent of the state institution (as defined in
IC 12-7-2-184) or the director or medical director of the third party
contractor, if the division of mental health and addiction has entered
into a contract for the provision of competency restoration services
by a third party, shall certify to the proper court whether the
defendant has a substantial probability of attaining the ability to
understand the proceedings and assist in the preparation of the
defendant'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 shall
initiate regular commitment proceedings under IC 12-26. If a
substantial probability does exist, the state institution (as defined in
IC 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's
defense 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 in
IC 12-7-2-184); or
(B) initiation of competency restoration services by a third
party 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; commitment
proceedings
Sec. 4. If a defendant who was found under section 3 of this
chapter to have had a substantial probability of attaining the ability
to understand the proceedings and assist in the preparation of the
defendant's defense has not attained that ability within six (6) months
after the date of the:
(1) defendant's admission to a state institution (as defined in
IC 12-7-2-184); or
(2) initiation of competency restoration services by a third party
contractor;
the state institution (as defined in IC 12-7-2-184) or the third party
contractor, if the division of mental health and addiction has entered
into a contract for the provision of competency restoration services
by a third party, shall institute regular commitment proceedings
under 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.