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

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.