§ 35-36-2-5 — Finding or plea of guilty but mentally ill; evaluation; sentence; treatment; transmittal of information to NICS

Indiana § 35-36-2-5

• Jurisdiction: Indiana
• Art. 36: PRETRIAL NOTICES, MOTIONS, AND
• Ch. 2: Affirmative Defense of Insanity or Mental Illness

Text

(a) Except as provided by subsection (e),
whenever a defendant is found guilty but mentally ill at the time of the
crime or enters a plea to that effect that is accepted by the court, the
court shall sentence the defendant in the same manner as a defendant
found guilty of the offense.
(b) Before sentencing the defendant under subsection (a), the court
shall require the defendant to be evaluated by a physician licensed
under IC 25-22.5 who practices psychiatric medicine, a licensed
psychologist, or a community mental health center (as defined in IC 12-7-2-38). However, the court may waive this requirement if the
defendant was evaluated by a physician licensed under IC 25-22.5 who
practices psychiatric medicine, a licensed psychologist, or a community
mental health center and the evaluation is contained in the record of the
defendant's trial or plea agreement hearing.
(c) If a defendant who is found guilty but mentally ill at the time of
the crime is committed to the department of correction, the defendant
shall be further evaluated and then treated in such a manner as is
psychiatrically indicated for the defendant's mental illness. Treatment
may be provided by:
(1) the department of correction; or
(2) the division of mental health and addiction after transfer under
IC 11-10-4.
(d) If a defendant who is found guilty but mentally ill at the time of
the crime is placed on probation, the court may, in accordance with IC 35-38-2-2.3, require that the defendant undergo treatment.
(e) As used in this subsection, "individual with an intellectual
disability" means an individual who, before becoming twenty-two (22)
years of age, manifests:
(1) significantly subaverage intellectual functioning; and
(2) substantial impairment of adaptive behavior;
that is documented in a court ordered evaluative report. If a court
determines under IC 35-36-9 that a defendant who is charged with a
murder for which the state seeks a death sentence is an individual with
an intellectual disability, the court shall sentence the defendant under
IC 35-50-2-3(a).
(f) If a defendant is found guilty but mentally ill, 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.320-1983, SEC.21; P.L.1-1991, SEC.191; P.L.2-1992, SEC.870;
P.L.1-1993, SEC.239; P.L.158-1994, SEC.2; P.L.121-1996, SEC.3;
P.L.215-2001, SEC.108; P.L.99-2007, SEC.200; P.L.110-2009,
SEC.14; P.L.114-2012, SEC.75; P.L.117-2015, SEC.47; P.L.161-2018,
SEC.119.