§ 35-36-3-4 — Inability to attain comprehension to stand trial; commitment proceedings

Indiana § 35-36-3-4

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

Text

If a defendant who was found under section 3
of this chapter to have had a substantial probability of attaining the
ability to understand the proceedings and assist in the preparation of
the defendant's defense:
(1) has not attained that ability within six (6) months after 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; or
(2) has not had the criminal charges dismissed under section 3(b)
of this chapter;
the state institution (as defined in IC 12-7-2-184) or 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 institute regular commitment proceedings under IC 12-26.
As added by Acts 1981, P.L.298, SEC.5. Amended by
P.L.2-1992, SEC.874; P.L.215-2001, SEC.112; P.L.77-2004, SEC.8;
P.L.85-2024, SEC.5.