Indiana § 33-23-18-5 Hearing to determine referral to a treatment provider

Indiana Statutes

§ 33-23-18-5 — Hearing to determine referral to a treatment provider

Indiana § 33-23-18-5

Art. 23GENERAL PROVISIONS

Ch. 18Mental Health Referral Program

This text of Indiana § 33-23-18-5 (Hearing to determine referral to a treatment provider) 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 § 33-23-18-5 (2026).

Text

(a)After reviewing the evaluation, recommendation, and explanation, and after determining that the person has not been charged with or convicted of a crime of violence, the court may set a hearing under IC 35-33-8-3.2 to determine whether the court should, as a condition of pretrial release, refer the adult to a treatment provider for appropriate:

(1)mental health or other treatment; and

(2)ancillary services.

(b)After reviewing the evaluation, recommendation, and explanation, and after determining that the adult has been charged with or convicted of a crime of violence but is eligible to receive mental health treatment, the court may refer the adult to a treatment provider for appropriate:

(1)mental health or other treatment; and

(2)ancillary services; in a secure facility operated

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(a) After reviewing the evaluation,
recommendation, and explanation, and after determining that the
person has not been charged with or convicted of a crime of violence,
the court may set a hearing under IC 35-33-8-3.2 to determine whether
the court should, as a condition of pretrial release, refer the adult to a
treatment provider for appropriate:
(1) mental health or other treatment; and
(2) ancillary services.
(b) After reviewing the evaluation, recommendation, and
explanation, and after determining that the adult has been charged with
or convicted of a crime of violence but is eligible to receive mental
health treatment, the court may refer the adult to a treatment provider
for appropriate:
(1) mental health or other treatment; and
(2) ancillary services;
in a secure facility operated by the department of correction or operated
or licensed by the division.
(c) A court may only refer a person who has been charged with or
convicted of a crime of violence for treatment in a secure facility
operated by the department of correction or operated or licensed by the
division.
(d) In addition to or instead of referring an adult to a treatment
provider under subsection (a) or (b), a court may order the adult
transported for an immediate medical and psychological examination.
(e) A treatment provider shall provide the court with one (1) or more
written reports concerning the progress of the referred adult:
(1) at least once every calendar month; or
(2) at an interval determined by the court.
(f) If criminal charges are pending against the qualified adult, the
court may allow the person to participate in the referral program in
accordance with section 6 or 7 of this chapter.