§ 12-26-14-4 — Reasonable belief that individual has failed to comply with program; notice to court; transfer from outpatient program; transfer to sub-acute stabilization program; jail or prison

(a) If a staff member of a program involved
in the treatment, supervision, or care of an individual ordered to enter
an outpatient therapy program under section 1 of this chapter has
reason to believe that the individual has failed to comply with the
requirements of section 3 of this chapter, the staff member shall
immediately notify the court of the failure to comply.
(b) Except as provided in subsection (c), the individual may be
transferred from the outpatient therapy program to one (1) of the
following:
(1) The inpatient unit of the facility that has the original
commitment.
(2) A community based residential program under IC 12-22-2-3.5.
(c) The individual may not be transferred to a community based
residential program under IC 12-22-2-3.5 unless in the opinion of the
individual's attending physician:
(1) it is not necessary for the individual to receive acute care
inpatient treatment; and
(2) the individual is in need of a community based residential
program under IC 12-22-2-3.5.
(d) The individual may not be imprisoned or confined in a jail or
correctional facility unless the individual has been placed under arrest.
(e) A facility to which an individual is transferred under subsection
(b) shall immediately notify the court of the transfer. A transfer to a
facility under subsection (b) is subject to review under section 6 of this
chapter upon petition by the individual who was transferred.
[Pre-1992 Revision Citation: 16-14-9.1-20.5(d).]

Legislative History

As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.10; P.L.6-1995, SEC.27; P.L.143-2011, SEC.29.