Indiana Code 35-36-3-2. Attainment of ability to stand trial; certification; return to court; order; trial
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Sec. 2. Whenever the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant’s defense:
(2) if the division of mental health and addiction entered into a contract for the provision of competency restoration services, the director or medical director of the third party contractor;
(1) the superintendent of the state institution (as defined in IC 12-7-2-184); or
Terms Used In Indiana Code 35-36-3-2
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
shall certify that fact to the proper court, which shall enter an order directing the sheriff to return the defendant. The court shall enter such an order immediately after being sufficiently advised of the defendant’s attainment of the ability to understand the proceedings and assist in the preparation of the defendant’s defense. Upon the return to court of any defendant committed under section 1 of this chapter, the court shall hold the trial as if no delay or postponement had occurred.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.872; P.L.215-2001, SEC.110; P.L.77-2004, SEC.6.