Sec. 2. (a) This section applies only to a mental health evaluation conducted for the purpose of mental health assessment and treatment. This section does not apply to a mental health evaluation conducted for the purpose of:

(1) determining whether a person is competent to stand trial; or

(2) establishing a defense to the commission of a crime, including the defense of mental disease or defect under IC 35-41-3-6.

     (b) If:

(1) a person is confined in a county jail;

(2) a judge of a court has ordered the person to undergo a mental health evaluation;

(3) the:

(A) county jail; and

(B) location of the provider of mental health services who will conduct the mental health evaluation;

have the capability of conducting two-way video conferencing between the county jail and the location;

(4) the mental health evaluation may be conducted by two-way video conferencing; and

(5) the judge, on the judge’s own motion, orders the person to undergo the mental health evaluation by use of video conferencing;

the person shall undergo the mental health evaluation while located in the county jail by use of video conferencing.

     (c) If a person’s mental health evaluation under this section is conducted by video conferencing, the mental health evaluation may not be recorded.

As added by P.L.159-2015, SEC.1.