Ind. Code § 35-36-3-4

Current through P.L. 171-2024

Section 35-36-3-4 - [Effective Until 7/1/2024] Inability to attain comprehension to stand trial; commitment proceedings

If a defendant who was found under section 3 of this chapter to have had a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense has not attained that ability within six (6) months after the date of the:

(1) defendant's admission to a state institution (as defined in IC 12-7-2-184); or

(2) initiation of competency restoration services by a third party contractor;

the state institution (as defined in IC 12-7-2-184) or 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 institute regular commitment proceedings under IC 12-26.

IC 35-36-3-4

As added by Acts1981 , P.L. 298, SEC.5. Amended by P.L. 2-1992, SEC.874; P.L. 215-2001, SEC.112; P.L. 77-2004, SEC.8.

This section is set out more than once due to postponed, multiple, or conflicting amendments.