Section 12-26-3-7 - Preliminary hearing; introduction of physician's statement; probable cause finding; discharge or commitment(a) A physician's statement may be introduced into evidence at the preliminary hearing without the presence of the physician.(b) A finding of probable cause may not be entered at the preliminary hearing unless there is oral testimony: (1) subject to cross-examination;(2) of at least one (1) witness who: (A) has personally observed the behavior of the individual; and(B) will testify as to facts supporting a finding that there is probable cause to believe that the individual is in need of temporary or regular commitment.(c) If after the preliminary hearing the court does not find probable cause, the individual shall be discharged immediately.(d) If after the preliminary hearing the court finds probable cause to believe that the individual is in need of temporary or regular commitment, the court shall order the detention of the individual in an appropriate facility pending a final hearing.Pre-1992 Revision Citation: 16-14-9.1-2(c) part.
As added by P.L. 2-1992, SEC.20.