2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 28. MISCELLANEOUS PROVISIONS CONCERNING MENTAL ILLNESS AND DEVELOPMENTAL DISABILITIES
CHAPTER 3. UNIFORM ACT FOR THE EXTRADITION OF PERSONS OF UNSOUND MIND
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IC 12-28-3
Chapter 3. Uniform Act for the Extradition of Persons of
Unsound Mind
IC 12-28-3-1
Flight and fled defined
Sec. 1. As used in this chapter, "flight" and "fled" mean:
(1) any voluntary or involuntary departure from the jurisdiction
of the court where the proceedings mentioned in this chapter
may have been instituted and are still pending, with the effect
of avoiding, impeding, or delaying the action of the court in
which the proceedings may have been instituted or may be
pending; or
(2) any departure from the state where the individual demanded
then was under the detention by law as an individual of unsound
mind and subject to detention.
As added by P.L.2-1992, SEC.22.
IC 12-28-3-2
Repealed
(Repealed by P.L.1-1993, SEC.154.)
IC 12-28-3-3
Executive authority, governor, and chief magistrate defined
Sec. 3. As used in this chapter and as applied to a request to return
any individual within the purview of this chapter to or from the
District of Columbia, "executive authority", "governor", and "chief
magistrate" respectively, includes a justice of the Supreme Court of
the District of Columbia and other authority.
As added by P.L.2-1992, SEC.22.
IC 12-28-3-4
Conditions requiring delivery of fugitive
Sec. 4. An individual alleged to be of unsound mind found in
Indiana, who has fled from another state in which at the time of the
individual's flight the individual:
(1) was under detention by law in a hospital, asylum, or other
institution for the insane as an individual of unsound mind;
(2) had been determined by legal proceedings to be of unsound
mind, the finding being unreversed and in full force and effect,
and the control of the individual having been acquired by a
court of competent jurisdiction of the state from which the
individual fled; or
(3) was subject to detention in the other state, being then the
individual's legal domicile (personal service of process having
been made) based on legal proceedings there pending to have
the individual declared of unsound mind;
shall, on demand of the executive authority of the state from which
the individual fled, be delivered up to be removed to that state.
As added by P.L.2-1992, SEC.22.
IC 12-28-3-5
Procedure on documented demand for fugitive; delivery to agent
of demanding state; discharge for delay; costs and expenses;
authority to transmit fugitive to other state; authority to demand
return to this state
Sec. 5. (a) Whenever the executive authority of any state demands
of the executive authority of Indiana any fugitive described in section
4 of this chapter and produces a copy of commitment, decree, or
other judicial process and proceedings, certified as authentic by the
governor or chief magistrate of that state, with an affidavit made
before a proper officer showing the individual to be a fugitive, the
executive authority of Indiana shall cause the individual to be
apprehended and secured (if found in Indiana) and to cause
immediate notice of the apprehension to be given to the executive
authority making the demand (or to the agent of that authority
appointed to receive the fugitive) and to cause the fugitive to be
delivered to the agent when the fugitive appears.
(b) If no agent appears within thirty (30) days from the time of the
apprehension, the fugitive may be discharged.
(c) All costs and expenses incurred in the apprehending, securing,
maintaining, and transmitting the fugitive to the state making the
demand shall be paid by that state.
(d) Any agent so appointed who receives the fugitive into the
agent's custody is empowered to transmit the fugitive to the state
from which the fugitive has fled.
(e) The executive authority of Indiana is vested with the power,
on the application of any person interested, to demand the return to
Indiana of any fugitive described within the scope of this chapter.
As added by P.L.2-1992, SEC.22.
IC 12-28-3-6
Statute of limitations
Sec. 6. Any proceedings under this chapter must begin within one
(1) year after the flight referred to in this chapter.
As added by P.L.2-1992, SEC.22.
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