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.
Last modified: May 24, 2006