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.
Last modified: May 24, 2006