Sec. 7. (a) A physician’s statement may be introduced into evidence at the preliminary hearing without the presence of the physician.

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Terms Used In Indiana Code 12-26-3-7

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
     (b) A finding of probable cause may not be entered at the preliminary hearing unless there is oral testimony:

(1) subject to cross-examination;

(2) of at least one (1) witness who:

(A) has personally observed the behavior of the individual; and

(B) will testify as to facts supporting a finding that there is probable cause to believe that the individual is in need of temporary or regular commitment.

     (c) If after the preliminary hearing the court does not find probable cause, the individual shall be discharged immediately.

     (d) If after the preliminary hearing the court finds probable cause to believe that the individual is in need of temporary or regular commitment, the court shall order the detention of the individual in an appropriate facility pending a final hearing.

[Pre-1992 Revision Citation: 16-14-9.1-2(c) part.]

As added by P.L.2-1992, SEC.20.

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