Hearing; psychiatric examination; delay or continuance of trial;
confinement in psychiatric institution; competency restoration
services
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.
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.
Last modified: May 24, 2006