§ 12-26-3-7 — Preliminary hearing; introduction of physician's statement; probable cause finding; discharge or commitment

Indiana § 12-26-3-7

• Jurisdiction: Indiana
• Art. 26: VOLUNTARY AND INVOLUNTARY
• Ch. 3: Voluntary Treatment

Text

(a) A physician's statement may be introduced
into evidence at the preliminary hearing without the presence of the
physician.
(b) A finding of probable cause may not be entered at the
preliminary hearing unless there is oral testimony:
(1) subject to cross-examination;
(2) of at least one (1) witness who:
(A) has personally observed the behavior of the individual; and
(B) will testify as to facts supporting a finding that there is
probable cause to believe that the individual is in need of
temporary or regular commitment.
(c) If after the preliminary hearing the court does not find probable
cause, the individual shall be discharged immediately.
(d) If after the preliminary hearing the court finds probable cause to
believe that the individual is in need of temporary or regular
commitment, the court shall order the detention of the individual in an
appropriate facility pending a final hearing.
[Pre-1992 Revision Citation: 16-14-9.1-2(c) part.]

Legislative History

As added by P.L.2-1992, SEC.20.