2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 26. VOLUNTARY AND INVOLUNTARY TREATMENT OF MENTALLY ILL INDIVIDUALS
CHAPTER 4. IMMEDIATE DETENTION
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IC 12-26-4
Chapter 4. Immediate Detention
IC 12-26-4-1
Law enforcement officers; authority to apprehend, transport, and
charge an individual with a mental illness
Sec. 1. A law enforcement officer, having reasonable grounds to
believe that an individual has a mental illness, is either dangerous or
gravely disabled, and is in immediate need of hospitalization and
treatment, may do the following:
(1) Apprehend and transport the individual to the nearest
appropriate facility. The individual may not be transported to a
state institution.
(2) Charge the individual with an offense if applicable.
As added by P.L.2-1992, SEC.20. Amended by P.L.40-1994, SEC.55;
P.L.99-2007, SEC.129; P.L.4-2013, SEC.1.
IC 12-26-4-1.5
Court's authority to order an individual transported for
psychological evaluation
Sec. 1.5. If a court has reasonable grounds to believe that an
individual:
(1) has a mental illness;
(2) is either dangerous or gravely disabled; and
(3) is in immediate need of hospitalization and treatment;
the court may order a law enforcement officer to transport the
individual to the nearest appropriate facility for a preliminary
medical and psychological evaluation. The individual may not be
transported to a state institution.
As added by P.L.62-2012, SEC.1. Amended by P.L.4-2013, SEC.2.
IC 12-26-4-2
Law enforcement officers; written statement of reasonable grounds
Sec. 2. A law enforcement officer who transports an individual to
a facility under section 1 of this chapter shall submit to the facility
a written statement containing the basis for the officer's conclusion
that reasonable grounds exist under this chapter.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-3
Law enforcement officers; written statement of reasonable
grounds; filing
Sec. 3. The statement required by section 2 of this chapter shall
be filed with both of the following:
(1) The individual's records at the facility.
(2) The appropriate court if action relating to any charges filed
by the officer against the individual is pursued.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-4
Emergency treatment
Sec. 4. The superintendent of the facility or a physician may
furnish emergency treatment necessary to preserve the health and
safety of the individual detained.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-5
Length of detention
Sec. 5. Except as provided in section 6 of this chapter, an
individual may not be detained under this chapter for more than
twenty-four (24) hours from the time of admission to the facility.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-6
Detaining individual for more than 24 hours; emergency detention
application
Sec. 6. If the superintendent or the attending physician believes
the individual should be detained for more than twenty-four (24)
hours from time of admission to the facility, the superintendent or the
physician must have an application filed for emergency detention
under IC 12-26-5 immediately upon the earlier of the following:
(1) A judge becomes available.
(2) Within seventy-two (72) hours of admission to the facility.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-7
Discharge
Sec. 7. An individual detained under this chapter shall be
discharged if either the attending physician or superintendent
believes detention is no longer necessary.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-8
Detention in addition to detention under IC 12-26-5
Sec. 8. A period of detention under this chapter is in addition to
a period of detention under IC 12-26-5.
As added by P.L.2-1992, SEC.20.
IC 12-26-4-9
County required to pay certain costs if an individual is determined
not to be mentally ill
Sec. 9. If it is determined that there were not reasonable grounds
to believe that an individual had a mental illness and was either
dangerous or gravely disabled when taken into custody and
transported to a facility to be detained under section 1.5 of this
chapter, the costs of transportation to the facility and care and
maintenance in the facility during the period of detention shall be
paid by the county in which the individual was taken into custody.
As added by P.L.62-2012, SEC.2. Amended by P.L.4-2013, SEC.3.
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