2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 26. VOLUNTARY AND INVOLUNTARY TREATMENT OF MENTALLY ILL INDIVIDUALS
CHAPTER 5. EMERGENCY DETENTION
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IC 12-26-5
Chapter 5. Emergency Detention
IC 12-26-5-1
72 hour detention; written application; contents
Sec. 1. (a) An individual may be detained in a facility for not
more than seventy-two (72) hours under this chapter, excluding
Saturdays, Sundays, and legal holidays, if a written application for
detention is filed with the facility. The individual may not be
detained in a state institution unless the detention is instituted by the
state institution.
(b) An application under subsection (a) must contain both of the
following:
(1) A statement of the applicant's belief that the individual is:
(A) mentally ill and either dangerous or gravely disabled;
and
(B) in need of immediate restraint.
(2) A statement by at least one (1) physician that, based on:
(A) an examination; or
(B) information given the physician;
the individual may be mentally ill and either dangerous or
gravely disabled.
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993, SEC.153;
P.L.40-1994, SEC.56.
IC 12-26-5-2
Judicial officer; endorsement of application; police officer
authorized to take individual into custody; transportation to
facility
Sec. 2. (a) If a judicial officer authorized to issue a warrant for
arrest in the county in which the individual is present endorses an
application made under section 1 of this chapter, the application
authorizes a police officer to take the individual into custody and
transport the individual to a facility.
(b) The expense of transportation under this section shall be paid
by the county in which the individual is present.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-3
Examination and treatment of detained individual
Sec. 3. An individual detained under this chapter may be
examined and given emergency treatment necessary to do the
following:
(1) Preserve the health and safety of the individual.
(2) Protect other persons and property.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-4
Determination during detention that probable cause does not exist;
report
Sec. 4. If during a detention period under this chapter the
superintendent or the attending physician determines that there is not
probable cause to believe the individual is mentally ill and either
dangerous or gravely disabled, a report shall be made under section
5 of this chapter.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-5
Written report to court
Sec. 5. Before the end of a detention period under this chapter, the
superintendent of the facility or the individual's attending physician
shall make a written report to the court. The report must contain both
of the following:
(1) A statement that the individual has been examined.
(2) A statement whether there is probable cause to believe that
the individual:
(A) is mentally ill and either dangerous or gravely disabled;
and
(B) requires continuing care and treatment.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-6
Written report; no probable cause; discharge; record
Sec. 6. (a) If a report made under section 5 of this chapter states
there is not probable cause, the individual shall be discharged from
the facility.
(b) The report shall be made part of the individual's record.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-7
Written report; probable cause; recommendations; hearing;
detention pending hearing
Sec. 7. If a report made under section 5 of this chapter states there
is probable cause, the report shall recommend both of the following:
(1) That the court hold a hearing to determine whether:
(A) the individual is mentally ill and either dangerous or
gravely disabled; and
(B) there is a need for continuing involuntary detention.
(2) That the individual be detained in the facility pending the
hearing.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-8
Written report; consideration and action by court; time
Sec. 8. The court shall consider and act upon a report described
in section 7 of this chapter within twenty-four (24) hours of receiving
the report.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-9
Written report; action by court; release of individual; preliminary
or final hearing ordered
Sec. 9. (a) After receiving a report described in section 7 of this
chapter, the court may do any of the following:
(1) Order the individual released.
(2) Order the individual's continued detention pending a
preliminary hearing. The purpose of a hearing under this
subdivision is to determine if there is probable cause to believe
that the individual is:
(A) mentally ill and either dangerous or gravely disabled;
and
(B) in need of temporary or regular commitment.
(3) Order a final hearing. The purpose of a hearing ordered
under this subdivision is to determine if the individual is:
(A) mentally ill and either dangerous or gravely disabled;
and
(B) in need of temporary or regular commitment.
(b) A hearing ordered under subsection (a) must be held not later
than two (2) days after the order.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-10
Preliminary hearing; introduction of physician's statement;
probable cause finding; discharge; detention pending final hearing
Sec. 10. (a) A physician's statement may be introduced into
evidence at the preliminary hearing held under section 9(a)(2) of this
chapter without the presence of the physician.
(b) A finding of probable cause may not be entered at a
preliminary hearing unless there is oral testimony:
(1) subject to cross-examination; and
(2) of at least one (1) witness who:
(A) has personally observed the behavior of the individual;
and
(B) will testify to facts supporting a finding that there is
probable cause to believe that the individual is in need of
temporary or regular commitment.
(c) At the conclusion of the preliminary hearing, if the court does
not find probable cause, the individual shall be immediately
discharged.
(d) If the court finds at the conclusion of the preliminary hearing
probable cause to believe that the individual needs temporary or
regular commitment, the court shall order the detention of the
individual in an appropriate facility pending a final hearing.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-11
Final hearing; time; testimony of examining physician; waiver;
temporary or permanent commitment
Sec. 11. (a) A final hearing required by section 10(d) of this
chapter shall be held within ten (10) days of the date of the
preliminary hearing.
(b) At a final hearing, an individual may not be found in need of
temporary or regular commitment unless at least one (1) physician
who has personally examined the individual testifies at the hearing.
This testimony may be waived by the individual if the waiver is
voluntarily and knowingly given.
(c) If an individual has not previously been the subject of a
commitment proceeding, the court may order only a temporary
commitment.
(d) If an individual has previously been the subject of a
commitment proceeding, the court may order a regular commitment
if a longer period of treatment is warranted.
As added by P.L.2-1992, SEC.20.
IC 12-26-5-12
Determination of absence of probable cause when individual taken
into custody; transportation, care, and maintenance costs
Sec. 12. If it is determined that there was not probable cause to
believe that an individual had a mental illness and was dangerous
when taken into custody and transported to the facility to be
detained, the costs of transportation to 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.2-1992, SEC.20. Amended by P.L.99-2007,
SEC.130.
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