Ind. Code § 35-36-3-4

Current through P.L. 171-2024

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

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.

IC 35-36-3-4

Amended by P.L. 85-2024,SEC. 5, eff. 7/1/2024.

As added by Acts1981 , 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.