Section 35-36-3-3 - [Effective Until 7/1/2024] Substantial probability of attainment of comprehension to stand trial; certification; commitment proceedings; duration of retention(a) Within ninety (90) days after: (1) a defendant's admission to a state institution (as defined in IC 12-7-2-184); or(2) the initiation of competency restoration services to a defendant by a third party contractor; 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 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 Acts1981 , 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.This section is set out more than once due to postponed, multiple, or conflicting amendments.