§ 35-36-3-1 — Hearing; psychiatric examination; delay or continuance of trial; confinement in psychiatric institution; competency restoration services; transmittal of information to NICS

Indiana § 35-36-3-1

• Jurisdiction: Indiana
• Art. 36: PRETRIAL NOTICES, MOTIONS, AND
• Ch. 3: Comprehension to Stand Trial

Text

(a) If at any time before the final submission of
any criminal case to the court or the jury trying the case, the court has
reasonable grounds for believing that the defendant lacks the ability to
understand the proceedings and assist in the preparation of a defense,
the court shall immediately fix a time for a hearing to determine
whether the defendant has that ability.
(b) This subsection applies to a defendant charged with murder or
a Level 1, Level 2, Level 3, Level 4, or Level 5 felony. When a court
sets a hearing under subsection (a), the court shall appoint two (2) or
three (3) individuals to determine the defendant's competency. Each of
the appointed individuals must be a psychiatrist, or a psychologist
endorsed by the Indiana state board of examiners in psychology as a
health service provider in psychology. An individual appointed under
this subsection must be competent and disinterested.
(c) This subsection applies to a defendant charged with a
misdemeanor or a Level 6 felony. When a court sets a hearing under
subsection (a), the court shall appoint one (1) individual who:
(1) is a:
(A) psychiatrist; or
(B) psychologist endorsed by the Indiana state board of
examiners in psychology as a health service provider in
psychology;
(2) is competent and disinterested; and
(3) has expertise in determining competency.
(d) In addition to the psychiatrist or psychologist appointed under
subsection (c), the court may appoint not more than two (2) additional
individuals to assist the court in determining competency. Upon request
of either party, the court shall appoint at least one (1), but not more
than two (2), additional individuals to assist the court in determining
competency. An individual appointed under this subsection may be an
individual:
(1) described in subsection (c); or
(2) who is competent and disinterested, has expertise in
determining competency, and is:
(A) licensed:
(i) under IC 25-23 as an advanced practice registered nurse
(APRN) with a certification as a psychiatric mental health
nurse practitioner;
(ii) under IC 25-27.5 as a physician assistant who specializes
in psychiatry or mental health; or
(iii) under IC 25-22.5 as a physician who specializes in
psychiatry or mental health; and
(B) certified by the division of mental health and addiction as
a competency evaluator.
(e) An individual appointed under this section may not be an
employee or a contractor of a state institution (as defined in IC 12-7-2-184). The individuals who are appointed shall examine the
defendant and testify at the hearing as to whether the defendant can
understand the proceedings and assist in the preparation of the
defendant's defense.
(f) At the hearing, other evidence relevant to whether the defendant
has the ability to understand the proceedings and assist in the
preparation of the defendant's defense may be introduced. If the court
finds that the defendant has the ability to understand the proceedings
and assist in the preparation of the defendant's defense, the trial shall
proceed. If the court finds that the defendant lacks this ability, it shall
delay or continue the trial and order the defendant committed to the
division of mental health and addiction. The division of mental health
and addiction shall provide competency restoration services or enter
into a contract for the provision of competency restoration services by
a third party in the:
(1) location where the defendant currently resides; or
(2) least restrictive setting appropriate to the needs of the
defendant and the safety of the defendant and others.
However, if the defendant is serving an unrelated executed sentence in
the department of correction at the time the defendant is committed to
the division of mental health and addiction under this section, the
division of mental health and addiction shall provide competency
restoration services or enter into a contract for the provision of
competency restoration services by a third party at a department of
correction facility agreed upon by the division of mental health and
addiction or the third party contractor and the department of correction.
A contract entered into with a third party under this subsection may
confer to the third party all authority the division would have in
providing competency restoration services to the defendant at a state
institution (as defined in IC 12-7-2-184).
(g) If the court makes a finding under subsection (f), 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.321-1983, SEC.3; P.L.19-1986, SEC.60; P.L.2-1992, SEC.871;
P.L.215-2001, SEC.109; P.L.77-2004, SEC.5; P.L.110-2009, SEC.15;
P.L.151-2011, SEC.1; P.L.161-2018, SEC.120; P.L.74-2022, SEC.16;
P.L.85-2024, SEC.3.