2014 Indiana Code TITLE 11. CORRECTIONS ARTICLE 10. CORRECTIONAL SERVICES AND PROGRAMS CHAPTER 4. CARE AND TREATMENT OF MENTALLY ILL OFFENDERS
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IC 11-10-4
Chapter 4. Care and Treatment of Mentally Ill Offenders
IC 11-10-4-1
Definitions
Sec. 1. (a) As used in this chapter, the terms used in IC 12-26 have
the meanings set forth in IC 12-7-2.
(b) As used in this chapter, "qualified medical personnel" has the
meaning set out in IC 11-10-3-1.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992,
SEC.103.
IC 11-10-4-2
Providing care and treatment
Sec. 2. The department shall provide for the care and treatment of
every confined offender who is determined to be mentally ill by a
psychiatrist employed or retained by the department. To provide that
care and treatment, the department may:
(1) establish and operate its own mental health facilities and
programs;
(2) transfer offenders to the division of mental health and
addiction, subject to the approval of the director of the division
of mental health and addiction; or
(3) contract with any city, county, state, or federal authority or
with other public or private organizations for the provision of
care and treatment.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980,
P.L.87, SEC.1; P.L.2-1992, SEC.104; P.L.135-1993, SEC.2;
P.L.215-2001, SEC.19.
IC 11-10-4-3
Involuntary transfers to division of mental health and addiction or
to mental health facility
Sec. 3. (a) A committed offender may be involuntarily transferred
to the division of mental health and addiction or to a mental health
facility only if:
(1) the offender has been examined by a psychiatrist employed
or retained by the department and the psychiatrist reports to the
department in writing that, in the psychiatrist's opinion, the
offender has a mental illness and is in need of care and
treatment by the division of mental health and addiction or in a
mental health facility;
(2) the director of mental health approves of the transfer if the
offender is to be transferred to the division of mental health and
addiction; and
(3) the department affords the offender a hearing to determine
the need for the transfer, which hearing must comply with the
following minimum standards:
(A) The offender shall be given at least ten (10) days
advance written and verbal notice of the date, time, and
place of the hearing and the reason for the contemplated
transfer. This notice must advise the offender of the rights
enumerated in clauses (C) and (D). Notice must also be
given to one (1) of the following:
(i) The offender's spouse.
(ii) The offender's parent.
(iii) The offender's attorney.
(iv) The offender's guardian.
(v) The offender's custodian.
(vi) The offender's relative.
(B) A copy of the psychiatrist's report must be given to the
offender not later than at the time notice of the hearing is
given.
(C) The offender is entitled to appear in person, speak in the
offender's own behalf, call witnesses, present documentary
evidence, and confront and cross-examine witnesses.
(D) The offender is entitled to be represented by counsel or
other representative.
(E) The offender must be given a written statement of the
findings of fact, the evidence relied upon, and the reasons
for the action taken.
(F) A finding that the offender is in need of mental health
care and treatment in the division of mental health and
addiction or a mental health facility must be based upon
clear and convincing evidence.
(b) If the official in charge of the facility or program to which the
offender is assigned determines that emergency care and treatment
in the division of mental health and addiction or a mental health
facility is necessary to control a mentally ill offender who is either
gravely disabled or dangerous, that offender may be involuntarily
transferred, subject to the approval of the director of the division of
mental health and addiction, before holding the hearing described in
subsection (a)(3). However, this subsection does not deprive the
offender of the offender's right to a hearing.
(c) The official in charge of the division of mental health and
addiction or facility to which an offender is transferred under this
section must give the offender a semiannual written report, based on
a psychiatrist's examination, concerning the offender's mental
condition and the need for continued care and treatment in the
division of mental health and addiction or facility. If the report states
that the offender is still in need of care and treatment in the division
of mental health and addiction or a mental health facility, the
division of mental health and addiction or facility shall, upon request
of the offender or a representative in the offender's behalf, conduct
a hearing to review the need for that continued care and treatment.
The hearing must comply with the minimum standards established by
subsection (a)(3). The division of mental health and addiction or
facility to which the offender is transferred under this section may
conduct a hearing under this subsection upon its initiative.
(d) If the division of mental health and addiction or facility to
which an offender is transferred under this section determines that
the offender no longer needs care and treatment in the division of
mental health and addiction or facility, the division of mental health
and addiction or facility shall return the offender to the custody of
the department of correction, and the department of correction shall
reassign the offender to another facility or program.
(e) After an offender has been involuntarily transferred to and
accepted by the division of mental health and addiction, the
department shall transmit any information required by the division
of state court administration for transmission to the NICS (as defined
in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980,
P.L.87, SEC.2; P.L.2-1992, SEC.105; P.L.215-2001, SEC.20;
P.L.99-2007, SEC.39; P.L.110-2009, SEC.6.
IC 11-10-4-4
Voluntary transfers to division of mental health and addiction or
mental health facility
Sec. 4. (a) An offender who believes the offender to have a mental
illness and to be in need of care and treatment in the division of
mental health and addiction or a mental health facility shall, at the
offender's request for transfer, be examined by a psychiatrist
employed or retained by the department of correction, who shall
report the psychiatrist's findings to the department of correction. If
the report states that the offender has a mental illness and is in need
of care and treatment in the division of mental health and addiction
or a mental health facility, the department of correction shall transfer
the offender to the division of mental health and addiction, subject
to the approval of the director of the division of mental health and
addiction, or to a mental health facility. If the department of
correction intends to transfer an offender to the division of mental
health and addiction, the department of correction shall transmit a
copy of the psychiatrist's report to the division of mental health and
addiction.
(b) Section 3(c) and 3(d) of this chapter apply to transfers under
this section.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980,
P.L.87, SEC.3; P.L.2-1992, SEC.106; P.L.215-2001, SEC.21;
P.L.99-2007, SEC.40.
IC 11-10-4-5
Transfer not to extend offender's term of imprisonment or
confinement; commitment proceedings
Sec. 5. A transfer under this chapter does not extend an offender's
term of imprisonment or commitment. However, if it is determined
that an offender transferred under this chapter will be in need of
mental health care and treatment after the offender's term of
imprisonment or commitment ends, the division of mental health and
addiction or facility to which the offender was transferred may
institute commitment proceedings under IC 12-26.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992,
SEC.107; P.L.215-2001, SEC.22.
IC 11-10-4-6
Administration of drug for controlling mental or emotional
disorder; requirements
Sec. 6. The administration of a drug by the department for the
purpose of controlling a mental or emotional disorder is subject to
the following requirements:
(1) The particular drug must be prescribed by a physician who
has examined the offender.
(2) The drug must be administered by either a physician or
qualified medical personnel under the direct supervision of a
physician.
(3) The offender must be periodically observed, during the
duration of the drug's effect, by qualified medical personnel.
(4) A drug may be administered for a period longer than
seventy-two (72) hours only if the administration is part of a
psychotherapeutic program of treatment prescribed and detailed
in writing by a physician.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-4-6.6
Repealed
(Repealed by P.L.133-2012, SEC.66.)
IC 11-10-4-7
Rules
Sec. 7. The department may adopt, under IC 4-22-2, rules to
implement this chapter.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-4-8
Notification to division of mental health and addiction of
commitment of offender; copy of evaluation
Sec. 8. Whenever an offender sentenced under IC 35-36-2-5 is
committed to the department of correction, the department of
correction shall immediately inform the division of mental health and
addiction of the commitment and provide the division of mental
health and addiction with a copy of the evaluation made by the
department of correction under IC 11-10-1-2.
As added by P.L.127-1985, SEC.1. Amended by P.L.2-1992,
SEC.108; P.L.215-2001, SEC.23.
IC 11-10-4-9
Transfer of mental health and health records
Sec. 9. (a) As used in this section, "mental health record" has the
meaning set forth in IC 16-18-2-226.
(b) Subject to the conditions described in subsection (e), a
psychiatrist or behavioral health care provider may, with or without
the offender's consent, provide a copy of an offender's health and
mental health records to a facility, an agency, or a health care
provider responsible for the incarceration of an offender. The facility
or agency responsible for the incarceration of an offender shall
maintain any health and mental health records provided under this
subsection as part of the offender's health record.
(c) Subject to the conditions described in subsection (e), if an
offender is transferred to a different facility, the operator of the
facility or agency from which the offender is transferred shall
provide the offender's health and mental health records to the facility
that is used to:
(1) house; or
(2) provide mental health treatment to;
the offender, including a county jail or a community mental health
center.
(d) The department shall maintain health and mental health
records for each offender incarcerated by the department. Subject to
the conditions described in subsection (e), after an offender is
released from incarceration, the department shall provide the
offender's health and mental health records, if any, to a mental health
facility, mental health provider, or designated health care provider
that is providing mental health treatment to the offender.
(e) An offender's health and mental health records may be
disclosed under this section only if the records are necessary for:
(1) the provision of health care to the offender;
(2) the health and safety of the offender or other offenders;
(3) the health and safety of others at the facility;
(4) the health and safety of persons responsible for transporting
or transferring the offender from one location to another;
(5) law enforcement on the premises of a facility; or
(6) the administration and maintenance of the safety, security,
and good order of the facility.
(f) All records covered under this section are subject to privacy
and confidentiality laws, rules, and procedures enacted by the state
or federal government.
As added by P.L.93-2007, SEC.1.
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