Section 33-23-18-5 - Hearing to determine referral to a treatment provider(a) After reviewing the evaluation, recommendation, and explanation, and after determining that the person has not been charged with or convicted of a crime of violence, the court may set a hearing under IC 35-33-8-3.2 to determine whether the court should, as a condition of pretrial release, refer the adult to a treatment provider for appropriate:(1) mental health or other treatment; and(b) After reviewing the evaluation, recommendation, and explanation, and after determining that the adult has been charged with or convicted of a crime of violence but is eligible to receive mental health treatment, the court may refer the adult to a treatment provider for appropriate: (1) mental health or other treatment; and(2) ancillary services; in a secure facility operated by the department of correction or operated or licensed by the division.
(c) A court may only refer a person who has been charged with or convicted of a crime of violence for treatment in a secure facility operated by the department of correction or operated or licensed by the division.(d) In addition to or instead of referring an adult to a treatment provider under subsection (a) or (b), a court may order the adult transported for an immediate medical and psychological examination.(e) A treatment provider shall provide the court with one (1) or more written reports concerning the progress of the referred adult: (1) at least once every calendar month; or(2) at an interval determined by the court.(f) If criminal charges are pending against the qualified adult, the court may allow the person to participate in the referral program in accordance with section 6 or 7 of this chapter.Added by P.L. 205-2023,SEC. 27, eff. 7/1/2023.