§ 12-26-15-1 — Annual review; contents; filing with court; notice; report on individual committed after verdict of not responsible by reason of insanity

Indiana § 12-26-15-1

• Jurisdiction: Indiana
• Art. 26: VOLUNTARY AND INVOLUNTARY
• Ch. 15: Review of Commitment

Text

(a) At least annually, and more often if
directed by the court, the superintendent of the facility or the attending
physician including the superintendent or attending physician of an
outpatient therapy program, shall file with the court a review of the
individual's care and treatment. The review must contain a statement
of the following:
(1) The mental condition of the individual.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual:
(A) needs to remain in the facility; or
(B) may be cared for under a guardianship.
(b) If the court has entered an order under IC 12-26-12-1, the
superintendent or the attending physician shall give notice of the
review to the petitioner in the individual's commitment proceeding and
other persons that were designated by the court under IC 12-26-12-1 or
as provided in this section.
(c) If an individual has been committed under IC 35-36-2-4, the
superintendent of the facility or the attending physician shall:
(1) file with the court the report described in subsection (a) every
six (6) months, or more often if directed by the court; and
(2) notify the court, the petitioner, and any other person or
persons designated by the court under this section:
(A) at least ten (10) days before, or as soon as practicable in
case of an emergency, when:
(i) the committed individual is allowed outside the facility or
the grounds of the facility not under custodial supervision;
(ii) the committed individual is transferred to another facility
and the location of that facility; or
(iii) the committed individual is discharged or the
individual’s commitment is otherwise terminated; and
(B) as soon as practicable if the committed individual escapes.
(d) The court may designate as a person or persons to receive the
notices provided in this section a person or persons who suffered harm
as the result of a crime for which the committed individual was on trial.
(e) The court may designate as a person or persons to receive the
notices provided in this section:
(1) an individual or individuals described in subsection (d); or
(2) a designated representative if the person or persons described
in subsection (d) are incompetent, deceased, less than eighteen
(18) years of age, or otherwise incapable of receiving or
understanding a notice provided for in this section.
(f) A commitment order issued by a court under IC 35-36-2-4 and
this article must include the following:
(1) The mailing address, electronic mail address, facsimile
number, and telephone number of the following:
(A) The petitioner who filed the petition under IC 35-36-2-4.
(B) Any other person designated by the court.
(2) The notice requirements set forth in this section.
[Pre-1992 Revision Citation: 16-14-9.1-10(e).]

Legislative History

As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.61; P.L.77-2004, SEC.2.