§ 35-36-3-3 — Substantial probability of attainment of comprehension to stand trial; certification; motion to dismiss; commitment proceedings; duration of retention

(a) Within ninety (90) days after:
(1) a defendant's admission to a state institution (as defined in IC 12-7-2-184); or
(2) the initiation of competency restoration services to a defendant
by a third party contractor;
the superintendent of the state institution (as defined in IC 12-7-2-184)
or the director or medical director of the third party contractor, if the
division of mental health and addiction has entered into a contract for
the provision of competency restoration services by a third party, shall
certify to the proper court whether the defendant has a substantial
probability of attaining the ability to understand the proceedings and
assist in the preparation of the defendant's defense within the
foreseeable future.
(b) If a party files a motion to dismiss, the court may dismiss the
charges against the defendant without prejudice if the:
(1) defendant has been diagnosed with:
(A) dementia;
(B) Alzheimer's disease; or
(C) a traumatic brain injury;
(2) defendant's diagnosis substantially impacts the defendant's
ability to understand the proceedings and assist in the preparation
of the defendant's defense within the foreseeable future; and
(3) defendant is charged with a misdemeanor or a Level 6 felony.
(c) If a defendant's charges are not dismissed under subsection (b)
and a substantial probability does not exist, the state institution (as
defined in IC 12-7-2-184) or the third party contractor shall initiate
regular commitment proceedings under IC 12-26. If a substantial
probability does exist, the state institution (as defined in IC 12-7-2-184)
or third party contractor shall retain the defendant:
(1) until the defendant attains the ability to understand the
proceedings and assist in the preparation of the defendant's
defense and is returned to the proper court for trial; or
(2) for six (6) months from the date of the:
(A) defendant's admission to a state institution (as defined in IC 12-7-2-184); or
(B) initiation of competency restoration services by a third party
contractor;
whichever first occurs.
As added by Acts 1981, P.L.298, SEC.5. Amended by
P.L.2-1992, SEC.873; P.L.215-2001, SEC.111; P.L.77-2004, SEC.7;
P.L.85-2024, SEC.4.