Indiana § 35-36-2-4 Finding of nonresponsibility by reason of insanity; commitment
procedures; requirements of the warden and attending physician;
transmittal of information to NICS

Indiana Statutes

§ 35-36-2-4 — Finding of nonresponsibility by reason of insanity; commitment procedures; requirements of the warden and attending physician; transmittal of information to NICS

Indiana § 35-36-2-4

Art. 36PRETRIAL NOTICES, MOTIONS, AND

Ch. 2Affirmative Defense of Insanity or Mental Illness;

This text of Indiana § 35-36-2-4 (Finding of nonresponsibility by reason of insanity; commitment procedures; requirements of the warden and attending physician; transmittal of information to NICS) 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 § 35-36-2-4 (2026).

Text

(a)Whenever a defendant is found not responsible by reason of insanity at the time of the crime, the prosecuting attorney shall file a written petition with the court under IC 12-26-6-2(a)(3) or under IC 12-26-7. If a petition is filed under IC 12-26-6-2(a)(3), the court shall hold a commitment hearing under IC 12-26-6. If a petition is filed under IC 12-26-7, the court shall hold a commitment hearing under IC 12-26-7.

(b)The hearing shall be conducted at the earliest opportunity after the finding of not responsible by reason of insanity at the time of the crime, and the defendant shall be detained in custody until the completion of the hearing. The court may take judicial notice of evidence introduced during the trial of the defendant and may call the physicians appointed by the court t

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(a) Whenever a defendant is found not
responsible by reason of insanity at the time of the crime, the
prosecuting attorney shall file a written petition with the court under IC 12-26-6-2(a)(3) or under IC 12-26-7. If a petition is filed under IC 12-26-6-2(a)(3), the court shall hold a commitment hearing under IC 12-26-6. If a petition is filed under IC 12-26-7, the court shall hold a
commitment hearing under IC 12-26-7.
(b) The hearing shall be conducted at the earliest opportunity after
the finding of not responsible by reason of insanity at the time of the
crime, and the defendant shall be detained in custody until the
completion of the hearing. The court may take judicial notice of
evidence introduced during the trial of the defendant and may call the
physicians appointed by the court to testify concerning whether the
defendant is currently mentally ill and dangerous or currently mentally
ill and gravely disabled, as those terms are defined by IC 12-7-2-96 and
IC 12-7-2-130(1). The court may subpoena any other persons with
knowledge concerning the issues presented at the hearing.
(c) The defendant has all the rights provided by the provisions of IC 12-26 under which the petition against the defendant was filed. The
prosecuting attorney may cross-examine the witnesses and present
relevant evidence concerning the issues presented at the hearing.
(d) If a court orders an individual to be committed under IC 12-26-6
or IC 12-26-7 following a verdict of not responsible by reason of
insanity at the time of the crime, the warden of the facility to which the
individual is committed and the attending physician are subject to the
requirements of IC 12-26-15-1.
(e) If a defendant is found not responsible by reason of insanity, the
court shall transmit any information required by the office of judicial
administration to the office of judicial administration for transmission
to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.
As added by Acts 1981, P.L.298, SEC.5. Amended by
P.L.200-1983, SEC.4; P.L.2-1992, SEC.869; P.L.77-2004, SEC.4;
P.L.110-2009, SEC.13; P.L.67-2017, SEC.14; P.L.161-2018,
SEC.118.