Indiana § 35-36-3-2 Attainment of ability to stand trial; certification; return to court; order;
trial

Indiana Statutes

§ 35-36-3-2 — Attainment of ability to stand trial; certification; return to court; order; trial

Indiana § 35-36-3-2

Art. 36PRETRIAL NOTICES, MOTIONS, AND

Ch. 3Comprehension to Stand Trial

This text of Indiana § 35-36-3-2 (Attainment of ability to stand trial; certification; return to court; order; trial) 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 § 35-36-3-2 (2026).

Text

Whenever the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant's defense:

(1)the superintendent of the state institution (as defined in IC 12-7-2-184); or

(2)if the division of mental health and addiction entered into a contract for the provision of competency restoration services, the director or medical director of the third party contractor; shall certify that fact to the proper court, which shall enter an order directing the sheriff to return the defendant. The court shall enter such an order immediately after being sufficiently advised of the defendant's attainment of the ability to understand the proceedings and assist in the preparation of the defendant's defense. Upon the return to court of any defendant committed under sec

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Whenever the defendant attains the ability to
understand the proceedings and assist in the preparation of the
defendant's defense:
(1) the superintendent of the state institution (as defined in IC 12-7-2-184); or
(2) if the division of mental health and addiction entered into a
contract for the provision of competency restoration services, the
director or medical director of the third party contractor;
shall certify that fact to the proper court, which shall enter an order
directing the sheriff to return the defendant. The court shall enter such
an order immediately after being sufficiently advised of the defendant's
attainment of the ability to understand the proceedings and assist in the
preparation of the defendant's defense. Upon the return to court of any
defendant committed under section 1 of this chapter, the court shall
hold the trial as if no delay or postponement had occurred.
As added by Acts 1981, P.L.298, SEC.5. Amended by
P.L.2-1992, SEC.872; P.L.215-2001, SEC.110; P.L.77-2004,
SEC.6.