Section 35-36-3-3 - Substantial probability of attainment of comprehension to stand trial; certification; motion to dismiss; 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 party files a motion to dismiss, the court may dismiss the charges against the defendant without prejudice if the:(1) defendant has been diagnosed with:(B) Alzheimer's disease; or(C) a traumatic brain injury;(2) defendant's diagnosis substantially impacts the defendant's ability to understand the proceedings and assist in the preparation of the defendant's defense within the foreseeable future; and(3) defendant is charged with a misdemeanor or a Level 6 felony.(c) If a defendant's charges are not dismissed under subsection (b) and 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.
Amended by P.L. 85-2024,SEC. 4, eff. 7/1/2024.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.