Inability to attain comprehension to stand trial; commitment
proceedings
Sec. 4. If a defendant who was found under section 3 of this
chapter to have had a substantial probability of attaining the ability
to understand the proceedings and assist in the preparation of the
defendant's defense has not attained that ability within six (6) months
after the date of the:
(1) defendant's admission to a state institution (as defined in
IC 12-7-2-184); or
(2) initiation of competency restoration services by a third party
contractor;
the state institution (as defined in IC 12-7-2-184) or 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 institute regular commitment proceedings
under IC 12-26.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992,
SEC.874; P.L.215-2001, SEC.112; P.L.77-2004, SEC.8.
Last modified: May 24, 2006