Finding of nonresponsibility by reason of insanity; commitment
procedures; requirements of the superintendent and attending
physician
Sec. 4. (a) Whenever a defendant is found not responsible by
reason of insanity at the time of the crime, the prosecuting attorney
shall file a written petition with the court under IC 12-26-6-2(a)(3)
or under IC 12-26-7. If a petition is filed under IC 12-26-6-2(a)(3),
the court shall hold a commitment hearing under IC 12-26-6. If a
petition is filed under IC 12-26-7, the court shall hold a commitment
hearing under IC 12-26-7.
(b) The hearing shall be conducted at the earliest opportunity after
the finding of not responsible by reason of insanity at the time of the
crime, and the defendant shall be detained in custody until the
completion of the hearing. The court may take judicial notice of
evidence introduced during the trial of the defendant and may call the
physicians appointed by the court to testify concerning whether the
defendant is currently mentally ill and dangerous or currently
mentally ill and gravely disabled, as those terms are defined by
IC 12-7-2-96 and IC 12-7-2-130(1). The court may subpoena any
other persons with knowledge concerning the issues presented at the
hearing.
(c) The defendant has all the rights provided by the provisions of
IC 12-26 under which the petition against the defendant was filed.
The prosecuting attorney may cross-examine the witnesses and
present relevant evidence concerning the issues presented at the
hearing.
(d) If a court orders an individual to be committed under
IC 12-26-6 or IC 12-26-7 following a verdict of not responsible by
reason of insanity at the time of the crime, the superintendent of the
facility to which the individual is committed and the attending
physician are subject to the requirements of IC 12-26-15-1.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.200-1983,
SEC.4; P.L.2-1992, SEC.869; P.L.77-2004, SEC.4.
Last modified: May 24, 2006