Section 12-26-5-0.5 - Authority of a law enforcement officer to transport a mentally ill individual to a facility; authority of a court to order detention; discharge; treatment(a) A law enforcement officer, having reasonable grounds to believe that an individual has a mental illness, is either dangerous or gravely disabled, and is in immediate need of hospitalization and treatment, may do one (1) or more of the following: (1) Apprehend and transport the individual to the nearest appropriate facility. The individual may not be transported to a state institution.(2) Charge the individual with an offense, if applicable.(b) A law enforcement officer who transports an individual to a facility under subsection (a) shall submit to the facility a written statement containing the basis for the officer's conclusion that reasonable grounds exist under this chapter. The statement shall be filed with both of the following: (1) The individual's records at the facility.(2) The appropriate court, if action relating to any charges filed by the officer against the individual is pursued.(c) If a court has reasonable grounds to believe that an individual:(1) has a mental illness;(2) is either dangerous or gravely disabled; and(3) is in immediate need of hospitalization and treatment; the court may order the individual to be detained at the nearest appropriate facility for a preliminary medical and psychological evaluation. The individual may not be transported to a state institution.
(d) An individual detained under this section shall be discharged if the superintendent of the facility or the physician believes detention is no longer necessary. As soon as practicable after discharge, the facility shall notify the court that ordered the detention that the individual has been discharged.(e) The superintendent of the facility or a physician, an advanced practice registered nurse, or a physician assistant may furnish emergency treatment to an individual transported to a facility under this section that is necessary to: (1) preserve the health and safety of the individual detained; and(2) protect other persons and property.(f) If clinically appropriate, a physician may authorize and begin a mental health or substance use disorder treatment plan using accepted clinical care guidelines, including medication, for an individual detained under this chapter.Added by P.L. 205-2023,SEC. 9, eff. 7/1/2023.