Finding or plea of guilty but mentally ill; evaluation; sentence;
treatment
Sec. 5. (a) Except as provided by subsection (e), whenever a
defendant is found guilty but mentally ill at the time of the crime or
enters a plea to that effect that is accepted by the court, the court
shall sentence the defendant in the same manner as a defendant found
guilty of the offense.
(b) Before sentencing the defendant under subsection (a), the
court shall require the defendant to be evaluated by a physician
licensed under IC 25-22.5 who practices psychiatric medicine, a
licensed psychologist, or a community mental health center (as
defined in IC 12-7-2-38). However, the court may waive this
requirement if the defendant was evaluated by a physician licensed
under IC 25-22.5 who practices psychiatric medicine, a licensed
psychologist, or a community mental health center and the evaluation
is contained in the record of the defendant's trial or plea agreement
hearing.
(c) If a defendant who is found guilty but mentally ill at the time
of the crime is committed to the department of correction, the
defendant shall be further evaluated and then treated in such a
manner as is psychiatrically indicated for the defendant's mental
illness. Treatment may be provided by:
(1) the department of correction; or
(2) the division of mental health and addiction after transfer
under IC 11-10-4.
(d) If a defendant who is found guilty but mentally ill at the time
of the crime is placed on probation, the court may, in accordance
with IC 35-38-2-2.3, require that the defendant undergo treatment.
(e) As used in this subsection, "mentally retarded individual" has
the meaning set forth in IC 35-36-9-2. If a court determines under
IC 35-36-9 that a defendant who is charged with a murder for which
the state seeks a death sentence is a mentally retarded individual, the
court shall sentence the defendant under IC 35-50-2-3(a).
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.320-1983,
SEC.21; P.L.1-1991, SEC.191; P.L.2-1992, SEC.870; P.L.1-1993,
SEC.239; P.L.158-1994, SEC.2; P.L.121-1996, SEC.3;
P.L.215-2001, SEC.108.
Last modified: May 24, 2006