Indiana § 12-26-5-0.5 Authority of a law enforcement officer to transport a mentally ill
individual to a facility; authority of a court to order detention;
discharge; treatment

Indiana Statutes

§ 12-26-5-0.5 — Authority of a law enforcement officer to transport a mentally ill individual to a facility; authority of a court to order detention; discharge; treatment

Indiana § 12-26-5-0.5

Art. 26VOLUNTARY AND INVOLUNTARY

Ch. 5Emergency Detention

This text of Indiana § 12-26-5-0.5 (Authority of a law enforcement officer to transport a mentally ill individual to a facility; authority of a court to order detention; discharge; treatment) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 12-26-5-0.5 (2026).

Text

5.

(a)A law enforcement officer, having reasonable grounds to believe that an individual has a mental illness, is either dangerous or gravely disabled, and is in immediate need of hospitalization and treatment, may do one (1) or more of the following:

(1)Apprehend and transport the individual to the nearest appropriate facility. The individual may not be transported to a state institution.

(2)Charge the individual with an offense, if applicable.

(b)A law enforcement officer who transports an individual to a facility under subsection (a) shall submit to the facility a written statement containing the basis for the officer's conclusion that reasonable grounds exist under this chapter. The statement shall be filed with both of the following:

(1)The individual's records at the facility. (

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5. (a) A law enforcement officer, having
reasonable grounds to believe that an individual has a mental illness,
is either dangerous or gravely disabled, and is in immediate need of
hospitalization and treatment, may do one (1) or more of the following:
(1) Apprehend and transport the individual to the nearest
appropriate facility. The individual may not be transported to a
state institution.
(2) Charge the individual with an offense, if applicable.
(b) A law enforcement officer who transports an individual to a
facility under subsection (a) shall submit to the facility a written
statement containing the basis for the officer's conclusion that
reasonable grounds exist under this chapter. The statement shall be
filed with both of the following:
(1) The individual's records at the facility.
(2) The appropriate court, if action relating to any charges filed by
the officer against the individual is pursued.
(c) If a court has reasonable grounds to believe that an individual:
(1) has a mental illness;
(2) is either dangerous or gravely disabled; and
(3) is in immediate need of hospitalization and treatment;
the court may order the individual to be detained at the nearest
appropriate facility for a preliminary medical and psychological
evaluation. The individual may not be transported to a state institution.
(d) An individual detained under this section shall be discharged if
the superintendent of the facility or the physician believes detention is
no longer necessary. As soon as practicable after discharge, the facility
shall notify the court that ordered the detention that the individual has
been discharged.
(e) The superintendent of the facility or a physician, an advanced
practice registered nurse, or a physician assistant may furnish
emergency treatment to an individual transported to a facility under this
section that is necessary to:
(1) preserve the health and safety of the individual detained; and
(2) protect other persons and property.
(f) If clinically appropriate, a physician may authorize and begin a
mental health or substance use disorder treatment plan using accepted
clinical care guidelines, including medication, for an individual
detained under this chapter.