Indiana Code 35-36-3-3. Substantial probability of attainment of comprehension to stand trial; certification; motion to dismiss; commitment proceedings; duration of retention
(1) a defendant‘s admission to a state institution (as defined in IC 12-7-2-184); or
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
Terms Used In Indiana Code 35-36-3-3
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
the superintendent of the state institution (as defined in IC 12-7-2-184) or the director or medical director of 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 certify to the proper court whether the defendant has a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant’s defense within the foreseeable future.
(b) If a party files a motion to dismiss, the court may dismiss the charges against the defendant without prejudice if the:
(1) defendant has been diagnosed with:
(A) dementia;
(B) Alzheimer’s disease; or
(C) a traumatic brain injury;
(2) defendant’s diagnosis substantially impacts the defendant’s ability to understand the proceedings and assist in the preparation of the defendant’s defense within the foreseeable future; and
(3) defendant is charged with a misdemeanor or a Level 6 felony.
(c) If a defendant’s charges are not dismissed under subsection (b) and a substantial probability does not exist, the state institution (as defined in IC 12-7-2-184) or the third party contractor shall initiate regular commitment proceedings under IC 12-26. If a substantial probability does exist, the state institution (as defined in IC 12-7-2-184) or third party contractor shall retain the defendant:
(1) until the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant’s defense and is returned to the proper court for trial; or
(2) for six (6) months from 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;
whichever first occurs.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.873; P.L.215-2001, SEC.111; P.L.77-2004, SEC.7; P.L.85-2024, SEC.4.