IN
Indiana House Bill HB1006

Indiana 2023 Regular Session

Indiana House Bill HB1006 Compare Versions

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1+*EH1006.3*
2+Reprinted
3+April 11, 2023
4+ENGROSSED
5+HOUSE BILL No. 1006
6+_____
7+DIGEST OF HB 1006 (Updated April 10, 2023 2:12 pm - DI 106)
8+Citations Affected: IC 5-2; IC 12-7; IC 12-15; IC 12-26; IC 16-36;
9+IC 16-41; IC 27-8; IC 27-13; IC 31-37; IC 33-23; IC 33-24; IC 35-33.
10+Synopsis: Mental health programs. Specifies the circumstances under
11+which a person may be involuntarily committed to a facility for mental
12+health services and specifies that these services are medically necessary
13+when provided in accordance with generally accepted clinical care
14+guidelines. Establishes a local mental health referral program to
15+provide mental health treatment for certain persons who have been
16+arrested. Repeals obsolete provisions.
17+Effective: July 1, 2023.
18+Steuerwald, McNamara, Jeter,
19+Moseley
20+(SENATE SPONSORS — FREEMA N, CRIDER, KOCH, BECKER,
21+JOHNSON T, ROGERS, RANDOLPH LONNIE M)
22+January 12, 2023, read first time and referred to Committee on Courts and Criminal Code.
23+January 26, 2023, amended, reported — Do Pass.
24+January 30, 2023, read second time, ordered engrossed.
25+January 31, 2023, engrossed. Read third time, passed. Yeas 99, nays 0.
26+SENATE ACTION
27+February 23, 2023, read first time and referred to Committee on Corrections and Criminal
28+Law.
29+March 21, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
30+Appropriations.
31+April 6, 2023, amended, reported favorably — Do Pass.
32+April 10, 2023, read second time, amended, ordered engrossed.
33+EH 1006—LS 6571/DI 106 Reprinted
34+April 11, 2023
135 First Regular Session of the 123rd General Assembly (2023)
236 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
337 Constitution) is being amended, the text of the existing provision will appear in this style type,
438 additions will appear in this style type, and deletions will appear in this style type.
539 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
640 provision adopted), the text of the new provision will appear in this style type. Also, the
741 word NEW will appear in that style type in the introductory clause of each SECTION that adds
842 a new provision to the Indiana Code or the Indiana Constitution.
943 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1044 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1006
12-AN ACT to amend the Indiana Code concerning courts and court
13-officers.
45+ENGROSSED
46+HOUSE BILL No. 1006
47+A BILL FOR AN ACT to amend the Indiana Code concerning
48+courts and court officers.
1449 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 5-2-21.2-6, AS AMENDED BY P.L.102-2017,
16-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2023]: Sec. 6. The technical assistance center shall:
18-(1) identify grants and other funds that may be used to fund:
19-(A) local crisis intervention teams;
20-(B) law enforcement agencies; and
21-(C) evaluation of the effectiveness of crisis intervention team
22-training;
23-(2) create and support a statewide crisis intervention team
24-advisory committee that includes representatives from:
25-(A) each local crisis intervention team in Indiana;
26-(B) state level stakeholders, including relevant provider
27-groups;
28-(C) state agencies, including the division of mental health and
29-addiction, the Indiana law enforcement academy, and other
30-agencies considered appropriate; and
31-(D) advocacy organizations, including organizations
32-representing people affected by mental illnesses and substance
33-addiction disorders and other organizations considered
34-appropriate;
35-(3) assist rural counties in creating crisis intervention teams and
36-HEA 1006 — CC 1 2
37-crisis intervention team training;
38-(4) provide established local crisis intervention teams with
39-appropriate training, information, and technical assistance to:
40-(A) assist law enforcement agencies and law enforcement
41-officers in providing a sense of dignity in crisis situations to an
42-individual in crisis;
43-(B) identify underserved populations with mental illness,
44-substance addiction disorders, or both, and link the
45-populations to appropriate care;
46-(C) build partnerships and encourage formal agreements
47-among local law enforcement, mental health providers,
48-individuals and families affected by mental illness and
49-substance addiction disorders, and other community
50-stakeholders to improve system prevention and response to
51-mental health and substance addiction disorder crises;
52-(D) develop and communicate a recommended best practices
53-crisis intervention team training curriculum, consistent with
54-recommended standards developed by CIT International; and
55-(E) identify and improve awareness of existing crisis response
56-resources;
57-(5) communicate and disseminate existing standard protocols for
58-law enforcement officers transferring an individual in crisis to
59-medical personnel for treatment under an immediate emergency
60-detention under IC 12-26-4; IC 12-26-5;
61-(6) recognize local crisis intervention teams and law enforcement
62-officers trained in crisis intervention teams; and
63-(7) report on the status of crisis intervention teams in Indiana,
64-including:
65-(A) the overall operation of crisis intervention teams in
66-Indiana;
67-(B) problems local crisis intervention teams encounter and
68-proposed solutions, as identified by the advisory committee
69-described in subdivision (2);
70-(C) an evaluation of outcomes and best practices to achieve
71-crisis intervention team goals, including:
72-(i) the reduction in the amount of time law enforcement
73-officers spend out of service awaiting assessment and
74-disposition of individuals in crisis;
75-(ii) reduction in injuries to law enforcement officers during
76-crisis events;
77-(iii) reduction of the use of force when responding to
78-individuals in crisis;
79-HEA 1006 — CC 1 3
80-(iv) reduction in inappropriate arrests of individuals in
81-crisis;
82-(v) reducing the need for mental health treatment in jails;
83-and
84-(vi) other goals identified by the technical assistance center;
85-(D) information regarding the number of crisis intervention
86-trained officers in each county;
87-(E) the addresses and directors of the local crisis intervention
88-teams and whether each local crisis intervention team:
89-(i) is an established team meeting regularly to address local
90-needs and host crisis intervention team training as needed;
91-(ii) is a developing team consisting of community
92-stakeholders planning for future crisis intervention team
93-training, but training has not yet taken place; or
94-(iii) is an inactive team, in which law enforcement officers
95-were previously trained to be crisis intervention teams but
96-there are no future plans for crisis intervention team
97-training; and
98-(F) an analysis of costs and cost savings associated with crisis
99-intervention teams.
100-SECTION 2. IC 12-7-2-53 IS AMENDED TO READ AS
101-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 53. (a) Except as
102-provided in subsection (b), "dangerous", for purposes of IC 12-26,
103-means a condition in which an individual as a result of mental illness,
104-presents a substantial risk that the individual will harm the individual
105-or others.
106-(b) "Dangerous", for purposes of IC 12-26-5, means a condition
107-in which an individual presents a substantial risk that the
108-individual will harm the individual or others.
109-SECTION 3. IC 12-7-2-130, AS AMENDED BY P.L.117-2015,
110-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
111-JULY 1, 2023]: Sec. 130. "Mental illness" or "mentally ill" means the
112-following:
113-(1) For purposes of IC 12-23-5, IC 12-24, and IC 12-26, a
114-psychiatric disorder that:
115-(A) substantially disturbs an individual's thinking, feeling, or
116-behavior; and
117-(B) impairs the individual's ability to function.
118-The term includes intellectual disability, alcoholism, and
119-addiction to narcotics or dangerous drugs, and, for purposes of
120-IC 12-26-5, the term includes temporary impairment as a
121-result of alcohol or drug use.
122-HEA 1006 — CC 1 4
123-(2) For purposes of IC 12-28-4 and IC 12-28-5, a psychiatric
124-disorder that:
125-(A) substantially disturbs an individual's thinking, feeling, or
126-behavior; and
127-(B) impairs the individual's ability to function.
128-The term does not include developmental disability.
129-SECTION 4. IC 12-15-5-13.5 IS ADDED TO THE INDIANA
130-CODE AS A NEW SECTION TO READ AS FOLLOWS
131-[EFFECTIVE JULY 1, 2023]: Sec. 13.5. (a) Services provided to an
132-individual while detained under IC 12-26-5 are medically necessary
133-when provided in accordance with generally accepted clinical care
134-guidelines.
135-(b) The office shall require managed care organizations to
136-consider services provided to an individual while detained under
137-IC 12-26-5 as medically necessary when provided in accordance
138-with generally accepted clinical care guidelines.
139-SECTION 5. IC 12-26-1-1 IS AMENDED TO READ AS
140-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. An individual who
141-is mentally ill and either dangerous or gravely disabled may be
142-involuntarily detained or committed under any of the following
143-statutes:
144-(1) IC 12-26-4 (immediate detention).
145-(2) (1) IC 12-26-5 (emergency detention).
146-(3) (2) IC 12-26-6 (temporary commitment).
147-(4) (3) IC 12-26-7 (regular commitment).
148-SECTION 6. IC 12-26-1-7 IS AMENDED TO READ AS
149-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) This section does
150-not apply in the following statutes:
151-(1) IC 12-26-4.
152-(2) (1) IC 12-26-11.
153-(3) (2) IC 12-26-12.
154-(b) This section does not apply to computation of a period during
155-which an individual may be detained under this article.
156-(c) In computing time under this article, Saturdays, Sundays, and
157-legal holidays are not included in the computation if the time
158-prescribed is less than fourteen (14) days.
159-SECTION 7. IC 12-26-1-8 IS AMENDED TO READ AS
160-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 8. Upon the filing of a
161-petition for commitment under IC 12-26-6 or IC 12-26-7 or the filing
162-of a report under IC 12-26-3-5, the individual may be detained in an
163-appropriate facility:
164-(1) by an order of the court pending a hearing; or
165-HEA 1006 — CC 1 5
166-(2) pending an order of the court under:
167-(A) IC 12-26-3-6; or
168-(B) IC 12-26-5-10; or
169-(C) IC 12-26-5-11.
170-(B) IC 12-26-5.
171-SECTION 8. IC 12-26-4 IS REPEALED [EFFECTIVE JULY 1,
172-2023]. (Immediate Detention).
173-SECTION 9. IC 12-26-5-0.5 IS ADDED TO THE INDIANA CODE
174-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
175-1, 2023]: Sec. 0.5. (a) A law enforcement officer, having reasonable
176-grounds to believe that an individual has a mental illness, is either
177-dangerous or gravely disabled, and is in immediate need of
178-hospitalization and treatment, may do one (1) or more of the
179-following:
180-(1) Apprehend and transport the individual to the nearest
181-appropriate facility. The individual may not be transported to
182-a state institution.
183-(2) Charge the individual with an offense, if applicable.
184-(b) A law enforcement officer who transports an individual to
185-a facility under subsection (a) shall submit to the facility a written
186-statement containing the basis for the officer's conclusion that
187-reasonable grounds exist under this chapter. The statement shall
188-be filed with both of the following:
189-(1) The individual's records at the facility.
190-(2) The appropriate court, if action relating to any charges
191-filed by the officer against the individual is pursued.
192-(c) If a court has reasonable grounds to believe that an
193-individual:
194-(1) has a mental illness;
195-(2) is either dangerous or gravely disabled; and
196-(3) is in immediate need of hospitalization and treatment;
197-the court may order the individual to be detained at the nearest
198-appropriate facility for a preliminary medical and psychological
199-evaluation. The individual may not be transported to a state
200-institution.
201-(d) An individual detained under this section shall be discharged
202-if the superintendent of the facility or the physician believes
203-detention is no longer necessary. As soon as practicable after
204-discharge, the facility shall notify the court that ordered the
205-detention that the individual has been discharged.
206-(e) The superintendent of the facility or a physician, an
207-advanced practice registered nurse, or a physician assistant may
208-HEA 1006 — CC 1 6
209-furnish emergency treatment to an individual transported to a
210-facility under this section that is necessary to:
211-(1) preserve the health and safety of the individual detained;
212-and
213-(2) protect other persons and property.
214-(f) If clinically appropriate, a physician may authorize and
215-begin a mental health or substance use disorder treatment plan
216-using accepted clinical care guidelines, including medication, for an
217-individual detained under this chapter.
218-SECTION 10. IC 12-26-5-1 IS AMENDED TO READ AS
219-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) Except as
220-otherwise provided in this chapter, an individual may be detained in
221-a facility for not more than seventy-two (72) hours under this chapter,
222-excluding Saturdays, Sundays, and legal holidays, if a written
223-application for detention is filed with the facility. a court of competent
224-jurisdiction in accordance with this section. The individual may not
225-be detained in a state institution unless the detention is instituted by the
226-state institution.
227-(b) An individual may be detained in a facility for not more than
228-forty-eight (48) hours from the time of admission, excluding
229-Saturdays, Sundays, and legal holidays, unless the facility files an
230-application for detention, on a form prepared by the office of
231-judicial administration, with a court of competent jurisdiction
232-within the forty-eight (48) hour period. If the facility timely files an
233-application for detention, the individual may be detained for not
234-more than seventy-two (72) hours from the time of admission,
235-excluding Saturdays, Sundays, and legal holidays, unless the court
236-approves the application for detention. If the court approves the
237-application for detention, the individual may be held for not more
238-than fourteen (14) days, from the time of admission, excluding
239-Saturdays, Sundays, and legal holidays, pending a final hearing
240-under section 11 of this chapter. If a patient is admitted to a facility
241-after midnight and before 8:00 a.m., the time periods described in
242-this subsection begin to run at 8:00 a.m.
243-(b) (c) An application for detention under subsection (a) (b) must
244-contain both of the following: an attestation signed by a physician
245-that the individual has been examined by a physician, an advanced
246-practice registered nurse, or a physician assistant, and that based
247-on this examination, or based on other information provided to the
248-physician, advanced practice registered nurse, or physician
249-assistant, the applicant believes that there is probable cause to
250-believe that:
251-HEA 1006 — CC 1 7
252-(1) the individual is mentally ill and either dangerous or
253-gravely disabled; and
254-(2) the individual requires continuing involuntary detention
255-to receive care and treatment.
256-(1) A statement of the applicant's belief that the individual is:
257-(A) mentally ill and either dangerous or gravely disabled; and
258-(B) in need of immediate restraint.
259-(2) A statement by at least one (1) physician that, based on:
260-(A) an examination; or
261-(B) information given the physician;
262-the individual may be mentally ill and either dangerous or gravely
263-disabled.
264-(d) A facility may not be required to first seek transfer of the
265-individual to a psychiatric hospital before commencing an
266-application for detention.
267-(e) A facility may commence an application for detention even
268-if an individual was not apprehended and transported to a facility
269-under section 0.5 of this chapter.
270-SECTION 11. IC 12-26-5-2, AS AMENDED BY P.L.196-2021,
271-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
272-JULY 1, 2023]: Sec. 2. (a) If a judicial officer authorized to issue a
273-warrant for arrest in the county in which the individual is present
274-endorses approves an application for detention made under section 1
275-of this chapter, the application authorizes a police officer to take the
276-individual into custody and transport the individual to a facility, if
277-applicable.
278-(b) Except as provided in subsection (c), the expense of
279-transportation under this section shall be paid by the county in which
280-the individual is present.
281-(c) This subsection applies only to the nonemergency transport to a
282-facility by the county sheriff or deputy sheriff of an individual who:
283-(1) is not in lawful detention (as defined in IC 36-2-13-18);
284-(2) has had an application for the individual's detention under
285-section 1 of this chapter endorsed approved by a judicial officer;
286-and
287-(3) is transported more than thirty (30) miles.
288-The county sheriff may be reimbursed from the individual's health care
289-coverage, including health coverage offered or administered by the
290-state.
291-SECTION 12. IC 12-26-5-4 IS REPEALED [EFFECTIVE JULY 1,
292-2023]. Sec. 4. If during a detention period under this chapter the
293-superintendent or the attending physician determines that there is not
294-HEA 1006 — CC 1 8
295-probable cause to believe the individual is mentally ill and either
296-dangerous or gravely disabled, a report shall be made under section 5
297-of this chapter.
298-SECTION 13. IC 12-26-5-5 IS REPEALED [EFFECTIVE JULY 1,
299-2023]. Sec. 5. Before the end of a detention period under this chapter,
300-the superintendent of the facility or the individual's attending physician
301-shall make a written report to the court. The report must contain both
302-of the following:
303-(1) A statement that the individual has been examined.
304-(2) A statement whether there is probable cause to believe that the
305-individual:
306-(A) is mentally ill and either dangerous or gravely disabled;
307-and
308-(B) requires continuing care and treatment.
309-SECTION 14. IC 12-26-5-6 IS AMENDED TO READ AS
310-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) If a report the
311-court does not approve an application for detention made under
312-section 5 of this chapter, states there is not probable cause, the
313-individual shall be discharged from the facility.
314-(b) The report application shall be made part of the individual's
315-medical record.
316-SECTION 15. IC 12-26-5-7 IS REPEALED [EFFECTIVE JULY 1,
317-2023]. Sec. 7. If a report made under section 5 of this chapter states
318-there is probable cause, the report shall recommend both of the
319-following:
320-(1) That the court hold a hearing to determine whether:
321-(A) the individual is mentally ill and either dangerous or
322-gravely disabled; and
323-(B) there is a need for continuing involuntary detention.
324-(2) That the individual be detained in the facility pending the
325-hearing.
326-SECTION 16. IC 12-26-5-8 IS REPEALED [EFFECTIVE JULY 1,
327-2023]. Sec. 8. The court shall consider and act upon a report described
328-in section 7 of this chapter within twenty-four (24) hours of receiving
329-the report.
330-SECTION 17. IC 12-26-5-9 IS AMENDED TO READ AS
331-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) After receiving
332-a report described in section 7 of an application for detention under
333-section 1 of this chapter, the court shall, without a hearing, consider
334-the application and may do any one (1) of the following:
335-(1) If the court finds that there is not probable cause to detain
336-the individual, order the individual released.
337-HEA 1006 — CC 1 9
338-(2) If the court finds that there is probable cause to detain the
339-individual, order the individual's continued detention in an
340-appropriate facility pending a preliminary final hearing under
341-section 11 of this chapter. In addition, the court may order the
342-individual to receive treatment in accordance with a mental
343-health or substance use disorder treatment plan, using
344-accepted clinical care guidelines, including medication. The
345-purpose of a hearing under this subdivision is to determine if
346-there is probable cause to believe that the individual is:
347-(A) mentally ill and either dangerous or gravely disabled; and
348-(B) in need of temporary or regular commitment.
349-(3) Order a final hearing. The purpose of a hearing ordered under
350-this subdivision is to determine if the individual is:
351-(A) mentally ill and either dangerous or gravely disabled; and
352-(B) in need of temporary or regular commitment.
353-(b) A hearing ordered under subsection (a) must be held not later
354-than two (2) days after the order.
355-SECTION 18. IC 12-26-5-10 IS REPEALED [EFFECTIVE JULY
356-1, 2023]. Sec. 10. (a) A physician's statement may be introduced into
357-evidence at the preliminary hearing held under section 9(a)(2) of this
358-chapter without the presence of the physician.
359-(b) A finding of probable cause may not be entered at a preliminary
360-hearing unless there is oral testimony:
361-(1) subject to cross-examination; and
362-(2) of at least one (1) witness who:
363-(A) has personally observed the behavior of the individual;
364-and
365-(B) will testify to facts supporting a finding that there is
366-probable cause to believe that the individual is in need of
367-temporary or regular commitment.
368-(c) At the conclusion of the preliminary hearing, if the court does
369-not find probable cause, the individual shall be immediately
370-discharged.
371-(d) If the court finds at the conclusion of the preliminary hearing
372-probable cause to believe that the individual needs temporary or
373-regular commitment, the court shall order the detention of the
374-individual in an appropriate facility pending a final hearing.
375-SECTION 19. IC 12-26-5-11 IS AMENDED TO READ AS
376-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) A final hearing
377-required by section 10(d) section 9 of this chapter shall be held within
378-not later than ten (10) fourteen (14) days of from the date of the
379-preliminary hearing. individual's admission to a facility, excluding
380-HEA 1006 — CC 1 10
381-Saturdays, Sundays, and legal holidays. The purpose of a final
382-hearing is to determine by clear and convincing evidence whether
383-the individual is:
384-(1) mentally ill and either dangerous or gravely disabled; and
385-(2) in need of temporary or regular commitment.
386-(b) At a final hearing, an individual may not be found in need of
387-temporary or regular commitment unless:
388-(1) the physician who signed the attestation under section 1 of
389-this chapter; or
390-(2) at least one (1) physician who has personally examined the
391-individual;
392-testifies at the hearing. This testimony may be waived by the individual
393-if the waiver is voluntarily and knowingly given.
394-(c) If an individual has not previously been the subject of a
395-commitment proceeding, the court may order only a temporary
396-commitment.
397-(d) If an individual has previously been the subject of a commitment
398-proceeding, the court may order a regular commitment if a longer
399-period of treatment is warranted.
400-SECTION 20. IC 12-26-5-13 IS ADDED TO THE INDIANA
401-CODE AS A NEW SECTION TO READ AS FOLLOWS
402-[EFFECTIVE JULY 1, 2023]: Sec. 13. The following may not be held
403-liable for an act or omission taken in good faith under this chapter,
404-unless the act or omission constitutes gross negligence or willful or
405-wanton misconduct:
406-(1) A facility in which an individual is detained, treated,
407-evaluated, or assessed.
408-(2) A law enforcement officer.
409-(3) The superintendent of a facility.
410-(4) A physician.
411-(5) An advanced practice registered nurse.
412-(6) A physician assistant.
413-SECTION 21. IC 16-36-1.5-1 IS AMENDED TO READ AS
414-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. This chapter does not
415-apply when an individual is detained or committed under IC 12-26-4,
416-IC 12-26-5, IC 12-26-6, or IC 12-26-7.
417-SECTION 22. IC 16-36-1.7-0.5 IS AMENDED TO READ AS
418-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 0.5. This chapter does
419-not apply when an individual is detained or committed under
420-IC 12-26-4, IC 12-26-5, IC 12-26-6, or IC 12-26-7.
421-SECTION 23. IC 16-41-9-5, AS AMENDED BY P.L.112-2020,
422-SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
423-HEA 1006 — CC 1 11
424-JULY 1, 2023]: Sec. 5. (a) If a designated health official determines
425-that an individual with a communicable disease has a serious
426-communicable disease and has reasonable grounds to believe that the
427-individual with a communicable disease is mentally ill and either
428-dangerous or gravely disabled, the designated health official may
429-request (1) immediate detention under IC 12-26-4; or (2) emergency
430-detention under IC 12-26-5 for the purpose of having the individual
431-with a communicable disease apprehended, detained, and examined.
432-The designated health official may provide to the superintendent of the
433-psychiatric hospital or center or the attending physician information
434-about the communicable disease status of the individual with a
435-communicable disease. Communications under this subsection do not
436-constitute a breach of confidentiality.
437-(b) If the written report application for detention required under
438-IC 12-26-5-5 IC 12-26-5 states there is probable cause to believe the
439-individual with a communicable disease is mentally ill and either
440-dangerous or gravely disabled and requires continuing care and
441-treatment, proceedings may continue under IC 12-26.
442-(c) If the written report court does not approve an application for
443-detention required under IC 12-26-5-5 IC 12-26-5, or if an
444-application for detention is not timely filed, states there is not
445-probable cause to believe the individual with a communicable disease
446-is mentally ill and either dangerous or gravely disabled and requires
447-continuing care and treatment, the individual with a communicable
448-disease shall be referred to the designated health official who may take
449-action under this article.
450-SECTION 24. IC 27-8-5-15.9 IS ADDED TO THE INDIANA
451-CODE AS A NEW SECTION TO READ AS FOLLOWS
452-[EFFECTIVE JULY 1, 2023]: Sec. 15.9. An insurer that issues a
453-policy of accident and sickness insurance shall consider services
454-provided to an individual while detained under IC 12-26-5 as
455-medically necessary when provided in accordance with generally
456-accepted clinical care guidelines.
457-SECTION 25. IC 27-13-7-28 IS ADDED TO THE INDIANA
458-CODE AS A NEW SECTION TO READ AS FOLLOWS
459-[EFFECTIVE JULY 1, 2023]: Sec. 28. An individual contract and a
460-group contract shall consider services provided to an individual
461-while detained under IC 12-26-5 as medically necessary when
462-provided in accordance with generally accepted clinical care
463-guidelines.
464-SECTION 26. IC 31-37-4-3, AS AMENDED BY P.L.211-2019,
465-SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
466-HEA 1006 — CC 1 12
467-JULY 1, 2023]: Sec. 3. (a) This section applies if a child is arrested or
468-taken into custody for allegedly committing an act that would be any of
469-the following crimes if committed by an adult:
470-(1) Murder (IC 35-42-1-1).
471-(2) Attempted murder (IC 35-41-5-1).
472-(3) Voluntary manslaughter (IC 35-42-1-3).
473-(4) Involuntary manslaughter (IC 35-42-1-4).
474-(5) Reckless homicide (IC 35-42-1-5).
475-(6) Aggravated battery (IC 35-42-2-1.5).
476-(7) Battery (IC 35-42-2-1).
477-(8) Kidnapping (IC 35-42-3-2).
478-(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
479-(10) Sexual misconduct with a minor (IC 35-42-4-9).
480-(11) Incest (IC 35-46-1-3).
481-(12) Robbery as a Level 2 felony or a Level 3 felony (IC
482-35-42-5-1).
483-(13) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
484-or Level 4 felony (IC 35-43-2-1).
485-(14) Assisting a criminal as a Level 5 felony (IC 35-44.1-2-5).
486-(15) Escape (IC 35-44.1-3-4) as a Level 4 felony or Level 5
487-felony.
488-(16) Trafficking with an inmate as a Level 5 felony (IC
489-35-44.1-3-5).
490-(17) Causing death or catastrophic injury when operating a
491-vehicle (IC 9-30-5-5).
492-(18) Criminal confinement (IC 35-42-3-3) as a Level 2 or Level
493-3 felony.
494-(19) Arson (IC 35-43-1-1) as a Level 2 felony, Level 3 felony, or
495-Level 4 felony.
496-(20) Possession, use, or manufacture of a weapon of mass
497-destruction (IC 35-47-12-1) (before its repeal).
498-(21) Terroristic mischief (IC 35-47-12-3) as a Level 2 or Level 3
499-felony (before its repeal).
500-(22) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
501-(23) A violation of IC 35-47.5 (controlled explosives) as a Level
502-2 felony, Level 3 felony, or Level 4 felony.
503-(24) A controlled substances offense under IC 35-48.
504-(25) A criminal organization offense under IC 35-45-9.
505-(26) Domestic battery (IC 35-42-2-1.3).
506-(27) A felony terrorist offense (as defined in IC 35-50-2-18).
507-(b) If a child is taken into custody under this chapter for a crime or
508-act listed in subsection (a) or a situation to which IC 12-26-4-1
509-HEA 1006 — CC 1 13
510-IC 12-26-5-1 applies, the law enforcement agency that employs the law
511-enforcement officer who takes the child into custody shall notify the
512-chief administrative officer of the primary or secondary school,
513-including a public or nonpublic school, in which the child is enrolled
514-or, if the child is enrolled in a public school, the superintendent of the
515-school district in which the child is enrolled:
516-(1) that the child was taken into custody; and
517-(2) of the reason why the child was taken into custody.
518-(c) The notification under subsection (b) must occur within
519-forty-eight (48) hours after the child is taken into custody.
520-(d) A law enforcement agency may not disclose information that is
521-confidential under state or federal law to a school or school district
522-under this section.
523-(e) A law enforcement agency shall include in its training for law
524-enforcement officers training concerning the notification requirements
525-under subsection (b).
526-SECTION 27. IC 33-23-18 IS ADDED TO THE INDIANA CODE
527-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
528-JULY 1, 2023]:
529-Chapter 18. Mental Health Referral Program
530-Sec. 1. The following definitions apply throughout this chapter:
531-(1) "Assessor" means a physician licensed under IC 25-22.5 or
532-a psychologist licensed under IC 25-33, if the physician or
533-psychologist is registered with the division to conduct an
534-assessment under this chapter.
535-(2) "Council" means a local or regional justice reinvestment
536-advisory council established by IC 33-38-9.5-4.
537-(3) "Crime of violence" has the meaning set forth in
538-IC 35-50-1-2(a).
539-(4) "Division" means the division of mental health and
540-addiction.
541-(5) "Qualified adult" means an adult whom a referral
542-program is designed to assist.
543-(6) "Referral program" means a program established under
544-section 2 of this chapter designed to provide an adult an
545-opportunity to receive voluntary community treatment
546-addressing mental health, and other services as a condition of
547-pretrial release. The term includes a regional referral
548-program.
549-Sec. 2. (a) A council may establish a referral program in the
550-county served by the council.
551-(b) A referral program established under this section must
552-HEA 1006 — CC 1 14
553-comply with:
554-(1) this chapter; and
555-(2) rules adopted by the division concerning:
556-(A) educational and occupational requirements for
557-treatment providers; and
558-(B) the operation of the program.
559-(c) Subject to subsection (b), the council shall direct the
560-operation of the referral program in the county or region served by
561-the referral program.
562-(d) The council shall employ, contract with, or appoint one (1)
563-or more treatment providers.
564-Sec. 3. If a sheriff, prosecutor, or criminal defense attorney
565-having contact with an adult who has been:
566-(1) detained; and
567-(2) charged with an offense;
568-has reason to believe that the adult may be a qualified adult, the
569-sheriff, prosecutor, or defense attorney may file a written petition
570-with the appropriate court and request that the court select an
571-assessor to evaluate the adult to determine if the adult is a qualified
572-adult.
573-Sec. 4. (a) An assessor selected to evaluate an adult who may be
574-a qualified adult shall:
575-(1) conduct an appropriate psychological evaluation of the
576-adult;
577-(2) recommend whether the adult would likely benefit from
578-participation in the referral program; and
579-(3) explain, in detail, the reason for the recommendation.
580-The evaluation, recommendation, and explanation shall be
581-submitted to the court in writing, with the recommendation being
582-submitted on a sheet separate from the evaluation and explanation.
583-(b) The evaluation and explanation are confidential. The
584-recommendation is a public record unless ordered sealed by the
585-court.
586-(c) The state may pay the costs of the assessment under
587-subsection (a).
588-Sec. 5. (a) After reviewing the evaluation, recommendation, and
589-explanation, and after determining that the person has not been
590-charged with or convicted of a crime of violence, the court may set
591-a hearing under IC 35-33-8-3.2 to determine whether the court
592-should, as a condition of pretrial release, refer the adult to a
593-treatment provider for appropriate:
594-(1) mental health or other treatment; and
595-HEA 1006 — CC 1 15
596-(2) ancillary services.
597-(b) After reviewing the evaluation, recommendation, and
598-explanation, and after determining that the adult has been charged
599-with or convicted of a crime of violence but is eligible to receive
600-mental health treatment, the court may refer the adult to a
601-treatment provider for appropriate:
602-(1) mental health or other treatment; and
603-(2) ancillary services;
604-in a secure facility operated by the department of correction or
605-operated or licensed by the division.
606-(c) A court may only refer a person who has been charged with
607-or convicted of a crime of violence for treatment in a secure facility
608-operated by the department of correction or operated or licensed
609-by the division.
610-(d) In addition to or instead of referring an adult to a treatment
611-provider under subsection (a) or (b), a court may order the adult
612-transported for an immediate medical and psychological
613-examination.
614-(e) A treatment provider shall provide the court with one (1) or
615-more written reports concerning the progress of the referred adult:
616-(1) at least once every calendar month; or
617-(2) at an interval determined by the court.
618-(f) If criminal charges are pending against the qualified adult,
619-the court may allow the person to participate in the referral
620-program in accordance with section 6 or 7 of this chapter.
621-Sec. 6. (a) A person against whom criminal charges are pending
622-is eligible to participate in the referral program only if the court
623-finds, following a hearing, that the person meets the following
624-criteria:
625-(1) The person is a qualified adult who has been referred to a
626-treatment provider under section 5 of this chapter.
627-(2) The court has determined that the person is an
628-appropriate candidate to participate in the referral program.
629-(b) Participation in the referral program does not divert, delay,
630-or otherwise affect the criminal prosecution against the person.
631-Sec. 7. (a) The division shall adopt rules establishing
632-requirements and procedures to implement this chapter, including
633-rules concerning educational and occupational qualifications for
634-treatment providers.
635-(b) Rules adopted under this section must require that the
636-treatment provider be a provider certified by the division and
637-licensed by the Indiana professional licensing agency to provide
638-HEA 1006 — CC 1 16
639-mental health services.
640-Sec. 8. The division shall ensure that referral programs comply
641-with this chapter, rules adopted under this chapter, and any
642-applicable federal regulations. The division may suspend or
643-terminate a referral program if the division determines that the
644-program is not compliant.
645-SECTION 28. IC 33-24-6-3, AS AMENDED BY P.L.178-2022(ts),
50+1 SECTION 1. IC 5-2-21.2-6, AS AMENDED BY P.L.102-2017,
51+2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
52+3 JULY 1, 2023]: Sec. 6. The technical assistance center shall:
53+4 (1) identify grants and other funds that may be used to fund:
54+5 (A) local crisis intervention teams;
55+6 (B) law enforcement agencies; and
56+7 (C) evaluation of the effectiveness of crisis intervention team
57+8 training;
58+9 (2) create and support a statewide crisis intervention team
59+10 advisory committee that includes representatives from:
60+11 (A) each local crisis intervention team in Indiana;
61+12 (B) state level stakeholders, including relevant provider
62+13 groups;
63+14 (C) state agencies, including the division of mental health and
64+15 addiction, the Indiana law enforcement academy, and other
65+16 agencies considered appropriate; and
66+17 (D) advocacy organizations, including organizations
67+EH 1006—LS 6571/DI 106 2
68+1 representing people affected by mental illnesses and substance
69+2 addiction disorders and other organizations considered
70+3 appropriate;
71+4 (3) assist rural counties in creating crisis intervention teams and
72+5 crisis intervention team training;
73+6 (4) provide established local crisis intervention teams with
74+7 appropriate training, information, and technical assistance to:
75+8 (A) assist law enforcement agencies and law enforcement
76+9 officers in providing a sense of dignity in crisis situations to an
77+10 individual in crisis;
78+11 (B) identify underserved populations with mental illness,
79+12 substance addiction disorders, or both, and link the
80+13 populations to appropriate care;
81+14 (C) build partnerships and encourage formal agreements
82+15 among local law enforcement, mental health providers,
83+16 individuals and families affected by mental illness and
84+17 substance addiction disorders, and other community
85+18 stakeholders to improve system prevention and response to
86+19 mental health and substance addiction disorder crises;
87+20 (D) develop and communicate a recommended best practices
88+21 crisis intervention team training curriculum, consistent with
89+22 recommended standards developed by CIT International; and
90+23 (E) identify and improve awareness of existing crisis response
91+24 resources;
92+25 (5) communicate and disseminate existing standard protocols for
93+26 law enforcement officers transferring an individual in crisis to
94+27 medical personnel for treatment under an immediate emergency
95+28 detention under IC 12-26-4; IC 12-26-5;
96+29 (6) recognize local crisis intervention teams and law enforcement
97+30 officers trained in crisis intervention teams; and
98+31 (7) report on the status of crisis intervention teams in Indiana,
99+32 including:
100+33 (A) the overall operation of crisis intervention teams in
101+34 Indiana;
102+35 (B) problems local crisis intervention teams encounter and
103+36 proposed solutions, as identified by the advisory committee
104+37 described in subdivision (2);
105+38 (C) an evaluation of outcomes and best practices to achieve
106+39 crisis intervention team goals, including:
107+40 (i) the reduction in the amount of time law enforcement
108+41 officers spend out of service awaiting assessment and
109+42 disposition of individuals in crisis;
110+EH 1006—LS 6571/DI 106 3
111+1 (ii) reduction in injuries to law enforcement officers during
112+2 crisis events;
113+3 (iii) reduction of the use of force when responding to
114+4 individuals in crisis;
115+5 (iv) reduction in inappropriate arrests of individuals in
116+6 crisis;
117+7 (v) reducing the need for mental health treatment in jails;
118+8 and
119+9 (vi) other goals identified by the technical assistance center;
120+10 (D) information regarding the number of crisis intervention
121+11 trained officers in each county;
122+12 (E) the addresses and directors of the local crisis intervention
123+13 teams and whether each local crisis intervention team:
124+14 (i) is an established team meeting regularly to address local
125+15 needs and host crisis intervention team training as needed;
126+16 (ii) is a developing team consisting of community
127+17 stakeholders planning for future crisis intervention team
128+18 training, but training has not yet taken place; or
129+19 (iii) is an inactive team, in which law enforcement officers
130+20 were previously trained to be crisis intervention teams but
131+21 there are no future plans for crisis intervention team
132+22 training; and
133+23 (F) an analysis of costs and cost savings associated with crisis
134+24 intervention teams.
135+25 SECTION 2. IC 12-7-2-53 IS AMENDED TO READ AS
136+26 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 53. (a) Except as
137+27 provided in subsection (b), "dangerous", for purposes of IC 12-26,
138+28 means a condition in which an individual as a result of mental illness,
139+29 presents a substantial risk that the individual will harm the individual
140+30 or others.
141+31 (b) "Dangerous", for purposes of IC 12-26-5, means a condition
142+32 in which an individual presents a substantial risk that the
143+33 individual will harm the individual or others.
144+34 SECTION 3. IC 12-7-2-130, AS AMENDED BY P.L.117-2015,
145+35 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
146+36 JULY 1, 2023]: Sec. 130. "Mental illness" or "mentally ill" means the
147+37 following:
148+38 (1) For purposes of IC 12-23-5, IC 12-24, and IC 12-26, a
149+39 psychiatric disorder that:
150+40 (A) substantially disturbs an individual's thinking, feeling, or
151+41 behavior; and
152+42 (B) impairs the individual's ability to function.
153+EH 1006—LS 6571/DI 106 4
154+1 The term includes intellectual disability, alcoholism, and
155+2 addiction to narcotics or dangerous drugs, and, for purposes of
156+3 IC 12-26-5, the term includes temporary impairment as a
157+4 result of alcohol or drug use.
158+5 (2) For purposes of IC 12-28-4 and IC 12-28-5, a psychiatric
159+6 disorder that:
160+7 (A) substantially disturbs an individual's thinking, feeling, or
161+8 behavior; and
162+9 (B) impairs the individual's ability to function.
163+10 The term does not include developmental disability.
164+11 SECTION 4. IC 12-15-5-13.5 IS ADDED TO THE INDIANA
165+12 CODE AS A NEW SECTION TO READ AS FOLLOWS
166+13 [EFFECTIVE JULY 1, 2023]: Sec. 13.5. (a) Services provided to an
167+14 individual while detained under IC 12-26-5 are medically necessary
168+15 when provided in accordance with generally accepted clinical care
169+16 guidelines.
170+17 (b) The office shall require managed care organizations to
171+18 consider services provided to an individual while detained under
172+19 IC 12-26-5 as medically necessary when provided in accordance
173+20 with generally accepted clinical care guidelines.
174+21 SECTION 5. IC 12-26-1-1 IS AMENDED TO READ AS
175+22 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. An individual who
176+23 is mentally ill and either dangerous or gravely disabled may be
177+24 involuntarily detained or committed under any of the following
178+25 statutes:
179+26 (1) IC 12-26-4 (immediate detention).
180+27 (2) (1) IC 12-26-5 (emergency detention).
181+28 (3) (2) IC 12-26-6 (temporary commitment).
182+29 (4) (3) IC 12-26-7 (regular commitment).
183+30 SECTION 6. IC 12-26-1-7 IS AMENDED TO READ AS
184+31 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) This section does
185+32 not apply in the following statutes:
186+33 (1) IC 12-26-4.
187+34 (2) (1) IC 12-26-11.
188+35 (3) (2) IC 12-26-12.
189+36 (b) This section does not apply to computation of a period during
190+37 which an individual may be detained under this article.
191+38 (c) In computing time under this article, Saturdays, Sundays, and
192+39 legal holidays are not included in the computation if the time
193+40 prescribed is less than fourteen (14) days.
194+41 SECTION 7. IC 12-26-1-8 IS AMENDED TO READ AS
195+42 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 8. Upon the filing of a
196+EH 1006—LS 6571/DI 106 5
197+1 petition for commitment under IC 12-26-6 or IC 12-26-7 or the filing
198+2 of a report under IC 12-26-3-5, the individual may be detained in an
199+3 appropriate facility:
200+4 (1) by an order of the court pending a hearing; or
201+5 (2) pending an order of the court under:
202+6 (A) IC 12-26-3-6; or
203+7 (B) IC 12-26-5-10; or
204+8 (C) IC 12-26-5-11.
205+9 (B) IC 12-26-5.
206+10 SECTION 8. IC 12-26-4 IS REPEALED [EFFECTIVE JULY 1,
207+11 2023]. (Immediate Detention).
208+12 SECTION 9. IC 12-26-5-0.5 IS ADDED TO THE INDIANA CODE
209+13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
210+14 1, 2023]: Sec. 0.5. (a) A law enforcement officer, having reasonable
211+15 grounds to believe that an individual has a mental illness, is either
212+16 dangerous or gravely disabled, and is in immediate need of
213+17 hospitalization and treatment, may do one (1) or more of the
214+18 following:
215+19 (1) Apprehend and transport the individual to the nearest
216+20 appropriate facility. The individual may not be transported to
217+21 a state institution.
218+22 (2) Charge the individual with an offense, if applicable.
219+23 (b) A law enforcement officer who transports an individual to
220+24 a facility under subsection (a) shall submit to the facility a written
221+25 statement containing the basis for the officer's conclusion that
222+26 reasonable grounds exist under this chapter. The statement shall
223+27 be filed with both of the following:
224+28 (1) The individual's records at the facility.
225+29 (2) The appropriate court, if action relating to any charges
226+30 filed by the officer against the individual is pursued.
227+31 (c) If a court has reasonable grounds to believe that an
228+32 individual:
229+33 (1) has a mental illness;
230+34 (2) is either dangerous or gravely disabled; and
231+35 (3) is in immediate need of hospitalization and treatment;
232+36 the court may order the individual to be detained at the nearest
233+37 appropriate facility for a preliminary medical and psychological
234+38 evaluation. The individual may not be transported to a state
235+39 institution.
236+40 (d) An individual detained under this section shall be discharged
237+41 if the superintendent of the facility or the physician believes
238+42 detention is no longer necessary. As soon as practicable after
239+EH 1006—LS 6571/DI 106 6
240+1 discharge, the facility shall notify the court that ordered the
241+2 detention that the individual has been discharged.
242+3 (e) The superintendent of the facility or a physician, an
243+4 advanced practice registered nurse, or a physician assistant may
244+5 furnish emergency treatment to an individual transported to a
245+6 facility under this section that is necessary to:
246+7 (1) preserve the health and safety of the individual detained;
247+8 and
248+9 (2) protect other persons and property.
249+10 (f) If clinically appropriate, a physician may authorize and
250+11 begin a mental health or substance use disorder treatment plan
251+12 using accepted clinical care guidelines, including medication, for an
252+13 individual detained under this chapter.
253+14 SECTION 10. IC 12-26-5-1 IS AMENDED TO READ AS
254+15 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) Except as
255+16 otherwise provided in this chapter, an individual may be detained in
256+17 a facility for not more than seventy-two (72) hours under this chapter,
257+18 excluding Saturdays, Sundays, and legal holidays, if a written
258+19 application for detention is filed with the facility. a court of competent
259+20 jurisdiction in accordance with this section. The individual may not
260+21 be detained in a state institution unless the detention is instituted by the
261+22 state institution.
262+23 (b) An individual may be detained in a facility for not more than
263+24 forty-eight (48) hours from the time of admission, excluding
264+25 Saturdays, Sundays, and legal holidays, unless the facility files an
265+26 application for detention, on a form prepared by the office of
266+27 judicial administration, with a court of competent jurisdiction
267+28 within the forty-eight (48) hour period. If the facility timely files an
268+29 application for detention, the individual may be detained for not
269+30 more than seventy-two (72) hours from the time of admission,
270+31 excluding Saturdays, Sundays, and legal holidays, unless the court
271+32 approves the application for detention. If the court approves the
272+33 application for detention, the individual may be held for not more
273+34 than fourteen (14) days, from the time of admission, excluding
274+35 Saturdays, Sundays, and legal holidays, pending a final hearing
275+36 under section 11 of this chapter. If a patient is admitted to a facility
276+37 after midnight and before 8:00 a.m., the time periods described in
277+38 this subsection begin to run at 8:00 a.m.
278+39 (b) (c) An application for detention under subsection (a) (b) must
279+40 contain both of the following: an attestation signed by a physician
280+41 that the individual has been examined by a physician and that
281+42 based on this examination, or based on other information provided
282+EH 1006—LS 6571/DI 106 7
283+1 to the physician, the applicant believes that there is probable cause
284+2 to believe that:
285+3 (1) the individual is mentally ill and either dangerous or
286+4 gravely disabled; and
287+5 (2) the individual requires continuing involuntary detention
288+6 to receive care and treatment.
289+7 (1) A statement of the applicant's belief that the individual is:
290+8 (A) mentally ill and either dangerous or gravely disabled; and
291+9 (B) in need of immediate restraint.
292+10 (2) A statement by at least one (1) physician that, based on:
293+11 (A) an examination; or
294+12 (B) information given the physician;
295+13 the individual may be mentally ill and either dangerous or gravely
296+14 disabled.
297+15 (d) A facility may not be required to first seek transfer of the
298+16 individual to a psychiatric hospital before commencing an
299+17 application for detention.
300+18 (e) A facility may commence an application for detention even
301+19 if an individual was not apprehended and transported to a facility
302+20 under section 0.5 of this chapter.
303+21 SECTION 11. IC 12-26-5-2, AS AMENDED BY P.L.196-2021,
304+22 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
305+23 JULY 1, 2023]: Sec. 2. (a) If a judicial officer authorized to issue a
306+24 warrant for arrest in the county in which the individual is present
307+25 endorses approves an application for detention made under section 1
308+26 of this chapter, the application authorizes a police officer to take the
309+27 individual into custody and transport the individual to a facility, if
310+28 applicable.
311+29 (b) Except as provided in subsection (c), the expense of
312+30 transportation under this section shall be paid by the county in which
313+31 the individual is present.
314+32 (c) This subsection applies only to the nonemergency transport to a
315+33 facility by the county sheriff or deputy sheriff of an individual who:
316+34 (1) is not in lawful detention (as defined in IC 36-2-13-18);
317+35 (2) has had an application for the individual's detention under
318+36 section 1 of this chapter endorsed approved by a judicial officer;
319+37 and
320+38 (3) is transported more than thirty (30) miles.
321+39 The county sheriff may be reimbursed from the individual's health care
322+40 coverage, including health coverage offered or administered by the
323+41 state.
324+42 SECTION 12. IC 12-26-5-4 IS REPEALED [EFFECTIVE JULY 1,
325+EH 1006—LS 6571/DI 106 8
326+1 2023]. Sec. 4. If during a detention period under this chapter the
327+2 superintendent or the attending physician determines that there is not
328+3 probable cause to believe the individual is mentally ill and either
329+4 dangerous or gravely disabled, a report shall be made under section 5
330+5 of this chapter.
331+6 SECTION 13. IC 12-26-5-5 IS REPEALED [EFFECTIVE JULY 1,
332+7 2023]. Sec. 5. Before the end of a detention period under this chapter,
333+8 the superintendent of the facility or the individual's attending physician
334+9 shall make a written report to the court. The report must contain both
335+10 of the following:
336+11 (1) A statement that the individual has been examined.
337+12 (2) A statement whether there is probable cause to believe that the
338+13 individual:
339+14 (A) is mentally ill and either dangerous or gravely disabled;
340+15 and
341+16 (B) requires continuing care and treatment.
342+17 SECTION 14. IC 12-26-5-6 IS AMENDED TO READ AS
343+18 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) If a report the
344+19 court does not approve an application for detention made under
345+20 section 5 of this chapter, states there is not probable cause, the
346+21 individual shall be discharged from the facility.
347+22 (b) The report application shall be made part of the individual's
348+23 medical record.
349+24 SECTION 15. IC 12-26-5-7 IS REPEALED [EFFECTIVE JULY 1,
350+25 2023]. Sec. 7. If a report made under section 5 of this chapter states
351+26 there is probable cause, the report shall recommend both of the
352+27 following:
353+28 (1) That the court hold a hearing to determine whether:
354+29 (A) the individual is mentally ill and either dangerous or
355+30 gravely disabled; and
356+31 (B) there is a need for continuing involuntary detention.
357+32 (2) That the individual be detained in the facility pending the
358+33 hearing.
359+34 SECTION 16. IC 12-26-5-8 IS REPEALED [EFFECTIVE JULY 1,
360+35 2023]. Sec. 8. The court shall consider and act upon a report described
361+36 in section 7 of this chapter within twenty-four (24) hours of receiving
362+37 the report.
363+38 SECTION 17. IC 12-26-5-9 IS AMENDED TO READ AS
364+39 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) After receiving
365+40 a report described in section 7 of an application for detention under
366+41 section 1 of this chapter, the court shall, without a hearing, consider
367+42 the application and may do any one (1) of the following:
368+EH 1006—LS 6571/DI 106 9
369+1 (1) If the court finds that there is not probable cause to detain
370+2 the individual, order the individual released.
371+3 (2) If the court finds that there is probable cause to detain the
372+4 individual, order the individual's continued detention in an
373+5 appropriate facility pending a preliminary final hearing under
374+6 section 11 of this chapter. In addition, the court may order the
375+7 individual to receive treatment in accordance with a mental
376+8 health or substance use disorder treatment plan, using
377+9 accepted clinical care guidelines, including medication. The
378+10 purpose of a hearing under this subdivision is to determine if
379+11 there is probable cause to believe that the individual is:
380+12 (A) mentally ill and either dangerous or gravely disabled; and
381+13 (B) in need of temporary or regular commitment.
382+14 (3) Order a final hearing. The purpose of a hearing ordered under
383+15 this subdivision is to determine if the individual is:
384+16 (A) mentally ill and either dangerous or gravely disabled; and
385+17 (B) in need of temporary or regular commitment.
386+18 (b) A hearing ordered under subsection (a) must be held not later
387+19 than two (2) days after the order.
388+20 SECTION 18. IC 12-26-5-10 IS REPEALED [EFFECTIVE JULY
389+21 1, 2023]. Sec. 10. (a) A physician's statement may be introduced into
390+22 evidence at the preliminary hearing held under section 9(a)(2) of this
391+23 chapter without the presence of the physician.
392+24 (b) A finding of probable cause may not be entered at a preliminary
393+25 hearing unless there is oral testimony:
394+26 (1) subject to cross-examination; and
395+27 (2) of at least one (1) witness who:
396+28 (A) has personally observed the behavior of the individual;
397+29 and
398+30 (B) will testify to facts supporting a finding that there is
399+31 probable cause to believe that the individual is in need of
400+32 temporary or regular commitment.
401+33 (c) At the conclusion of the preliminary hearing, if the court does
402+34 not find probable cause, the individual shall be immediately
403+35 discharged.
404+36 (d) If the court finds at the conclusion of the preliminary hearing
405+37 probable cause to believe that the individual needs temporary or
406+38 regular commitment, the court shall order the detention of the
407+39 individual in an appropriate facility pending a final hearing.
408+40 SECTION 19. IC 12-26-5-11 IS AMENDED TO READ AS
409+41 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) A final hearing
410+42 required by section 10(d) section 9 of this chapter shall be held within
411+EH 1006—LS 6571/DI 106 10
412+1 not later than ten (10) fourteen (14) days of from the date of the
413+2 preliminary hearing. individual's admission to a facility, excluding
414+3 Saturdays, Sundays, and legal holidays. The purpose of a final
415+4 hearing is to determine by clear and convincing evidence whether
416+5 the individual is:
417+6 (1) mentally ill and either dangerous or gravely disabled; and
418+7 (2) in need of temporary or regular commitment.
419+8 (b) At a final hearing, an individual may not be found in need of
420+9 temporary or regular commitment unless at least one (1) physician who
421+10 has personally examined the individual testifies at the hearing. This
422+11 testimony may be waived by the individual if the waiver is voluntarily
423+12 and knowingly given.
424+13 (c) If an individual has not previously been the subject of a
425+14 commitment proceeding, the court may order only a temporary
426+15 commitment.
427+16 (d) If an individual has previously been the subject of a commitment
428+17 proceeding, the court may order a regular commitment if a longer
429+18 period of treatment is warranted.
430+19 SECTION 20. IC 12-26-5-13 IS ADDED TO THE INDIANA
431+20 CODE AS A NEW SECTION TO READ AS FOLLOWS
432+21 [EFFECTIVE JULY 1, 2023]: Sec. 13. The following may not be held
433+22 liable for an act or omission taken in good faith under this chapter,
434+23 unless the act or omission constitutes gross negligence or willful or
435+24 wanton misconduct:
436+25 (1) A facility in which an individual is detained, treated,
437+26 evaluated, or assessed.
438+27 (2) A law enforcement officer.
439+28 (3) The superintendent of a facility.
440+29 (4) A physician.
441+30 (5) An advanced practice registered nurse.
442+31 (6) A physician assistant.
443+32 SECTION 21. IC 16-36-1.5-1 IS AMENDED TO READ AS
444+33 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. This chapter does not
445+34 apply when an individual is detained or committed under IC 12-26-4,
446+35 IC 12-26-5, IC 12-26-6, or IC 12-26-7.
447+36 SECTION 22. IC 16-36-1.7-0.5 IS AMENDED TO READ AS
448+37 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 0.5. This chapter does
449+38 not apply when an individual is detained or committed under
450+39 IC 12-26-4, IC 12-26-5, IC 12-26-6, or IC 12-26-7.
451+40 SECTION 23. IC 16-41-9-5, AS AMENDED BY P.L.112-2020,
452+41 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
453+42 JULY 1, 2023]: Sec. 5. (a) If a designated health official determines
454+EH 1006—LS 6571/DI 106 11
455+1 that an individual with a communicable disease has a serious
456+2 communicable disease and has reasonable grounds to believe that the
457+3 individual with a communicable disease is mentally ill and either
458+4 dangerous or gravely disabled, the designated health official may
459+5 request (1) immediate detention under IC 12-26-4; or (2) emergency
460+6 detention under IC 12-26-5 for the purpose of having the individual
461+7 with a communicable disease apprehended, detained, and examined.
462+8 The designated health official may provide to the superintendent of the
463+9 psychiatric hospital or center or the attending physician information
464+10 about the communicable disease status of the individual with a
465+11 communicable disease. Communications under this subsection do not
466+12 constitute a breach of confidentiality.
467+13 (b) If the written report application for detention required under
468+14 IC 12-26-5-5 IC 12-26-5, states there is probable cause to believe the
469+15 individual with a communicable disease is mentally ill and either
470+16 dangerous or gravely disabled and requires continuing care and
471+17 treatment, proceedings may continue under IC 12-26.
472+18 (c) If the written report court does not approve an application for
473+19 detention required under IC 12-26-5-5, IC 12-26-5, or if an
474+20 application for detention is not timely filed, states there is not
475+21 probable cause to believe the individual with a communicable disease
476+22 is mentally ill and either dangerous or gravely disabled and requires
477+23 continuing care and treatment, the individual with a communicable
478+24 disease shall be referred to the designated health official who may take
479+25 action under this article.
480+26 SECTION 24. IC 27-8-5-15.9 IS ADDED TO THE INDIANA
481+27 CODE AS A NEW SECTION TO READ AS FOLLOWS
482+28 [EFFECTIVE JULY 1, 2023]: Sec. 15.9. An insurer that issues a
483+29 policy of accident and sickness insurance shall consider services
484+30 provided to an individual while detained under IC 12-26-5 as
485+31 medically necessary when provided in accordance with generally
486+32 accepted clinical care guidelines.
487+33 SECTION 25. IC 27-13-7-28 IS ADDED TO THE INDIANA
488+34 CODE AS A NEW SECTION TO READ AS FOLLOWS
489+35 [EFFECTIVE JULY 1, 2023]: Sec. 28. An individual contract and a
490+36 group contract shall consider services provided to an individual
491+37 while detained under IC 12-26-5 as medically necessary when
492+38 provided in accordance with generally accepted clinical care
493+39 guidelines.
494+40 SECTION 26. IC 31-37-4-3, AS AMENDED BY P.L.211-2019,
495+41 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
496+42 JULY 1, 2023]: Sec. 3. (a) This section applies if a child is arrested or
497+EH 1006—LS 6571/DI 106 12
498+1 taken into custody for allegedly committing an act that would be any of
499+2 the following crimes if committed by an adult:
500+3 (1) Murder (IC 35-42-1-1).
501+4 (2) Attempted murder (IC 35-41-5-1).
502+5 (3) Voluntary manslaughter (IC 35-42-1-3).
503+6 (4) Involuntary manslaughter (IC 35-42-1-4).
504+7 (5) Reckless homicide (IC 35-42-1-5).
505+8 (6) Aggravated battery (IC 35-42-2-1.5).
506+9 (7) Battery (IC 35-42-2-1).
507+10 (8) Kidnapping (IC 35-42-3-2).
508+11 (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
509+12 (10) Sexual misconduct with a minor (IC 35-42-4-9).
510+13 (11) Incest (IC 35-46-1-3).
511+14 (12) Robbery as a Level 2 felony or a Level 3 felony
512+15 (IC 35-42-5-1).
513+16 (13) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
514+17 or Level 4 felony (IC 35-43-2-1).
515+18 (14) Assisting a criminal as a Level 5 felony (IC 35-44.1-2-5).
516+19 (15) Escape (IC 35-44.1-3-4) as a Level 4 felony or Level 5
517+20 felony.
518+21 (16) Trafficking with an inmate as a Level 5 felony
519+22 (IC 35-44.1-3-5).
520+23 (17) Causing death or catastrophic injury when operating a
521+24 vehicle (IC 9-30-5-5).
522+25 (18) Criminal confinement (IC 35-42-3-3) as a Level 2 or Level
523+26 3 felony.
524+27 (19) Arson (IC 35-43-1-1) as a Level 2 felony, Level 3 felony, or
525+28 Level 4 felony.
526+29 (20) Possession, use, or manufacture of a weapon of mass
527+30 destruction (IC 35-47-12-1) (before its repeal).
528+31 (21) Terroristic mischief (IC 35-47-12-3) as a Level 2 or Level 3
529+32 felony (before its repeal).
530+33 (22) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
531+34 (23) A violation of IC 35-47.5 (controlled explosives) as a Level
532+35 2 felony, Level 3 felony, or Level 4 felony.
533+36 (24) A controlled substances offense under IC 35-48.
534+37 (25) A criminal organization offense under IC 35-45-9.
535+38 (26) Domestic battery (IC 35-42-2-1.3).
536+39 (27) A felony terrorist offense (as defined in IC 35-50-2-18).
537+40 (b) If a child is taken into custody under this chapter for a crime or
538+41 act listed in subsection (a) or a situation to which IC 12-26-4-1
539+42 IC 12-26-5-1 applies, the law enforcement agency that employs the law
540+EH 1006—LS 6571/DI 106 13
541+1 enforcement officer who takes the child into custody shall notify the
542+2 chief administrative officer of the primary or secondary school,
543+3 including a public or nonpublic school, in which the child is enrolled
544+4 or, if the child is enrolled in a public school, the superintendent of the
545+5 school district in which the child is enrolled:
546+6 (1) that the child was taken into custody; and
547+7 (2) of the reason why the child was taken into custody.
548+8 (c) The notification under subsection (b) must occur within
549+9 forty-eight (48) hours after the child is taken into custody.
550+10 (d) A law enforcement agency may not disclose information that is
551+11 confidential under state or federal law to a school or school district
552+12 under this section.
553+13 (e) A law enforcement agency shall include in its training for law
554+14 enforcement officers training concerning the notification requirements
555+15 under subsection (b).
556+16 SECTION 27. IC 33-23-18 IS ADDED TO THE INDIANA CODE
557+17 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
558+18 JULY 1, 2023]:
559+19 Chapter 18. Mental Health Referral Program
560+20 Sec. 1. The following definitions apply throughout this chapter:
561+21 (1) "Assessor" means a physician licensed under IC 25-22.5 or
562+22 a psychologist licensed under IC 25-33, if the physician or
563+23 psychologist is registered with the division to conduct an
564+24 assessment under this chapter.
565+25 (2) "Council" means a local or regional justice reinvestment
566+26 advisory council established by IC 33-38-9.5-4.
567+27 (3) "Crime of violence" has the meaning set forth in
568+28 IC 35-50-1-2(a).
569+29 (4) "Division" means the division of mental health and
570+30 addiction.
571+31 (5) "Qualified adult" means an adult whom a referral
572+32 program is designed to assist.
573+33 (6) "Referral program" means a program established under
574+34 section 2 of this chapter designed to provide an adult an
575+35 opportunity to receive voluntary community treatment
576+36 addressing mental health, and other services as a condition of
577+37 pretrial release. The term includes a regional referral
578+38 program.
579+39 Sec. 2. (a) A council may establish a referral program in the
580+40 county served by the council.
581+41 (b) A referral program established under this section must
582+42 comply with:
583+EH 1006—LS 6571/DI 106 14
584+1 (1) this chapter; and
585+2 (2) rules adopted by the division concerning:
586+3 (A) educational and occupational requirements for
587+4 treatment providers; and
588+5 (B) the operation of the program.
589+6 (c) Subject to subsection (b), the council shall direct the
590+7 operation of the referral program in the county or region served by
591+8 the referral program.
592+9 (d) The council shall employ, contract with, or appoint one (1)
593+10 or more treatment providers.
594+11 Sec. 3. If a sheriff, prosecutor, or criminal defense attorney
595+12 having contact with an adult who has been:
596+13 (1) detained; and
597+14 (2) charged with an offense;
598+15 has reason to believe that the adult may be a qualified adult, the
599+16 sheriff, prosecutor, or defense attorney may file a written petition
600+17 with the appropriate court and request that the court select an
601+18 assessor to evaluate the adult to determine if the adult is a qualified
602+19 adult.
603+20 Sec. 4. (a) An assessor selected to evaluate an adult who may be
604+21 a qualified adult shall:
605+22 (1) conduct an appropriate psychological evaluation of the
606+23 adult;
607+24 (2) recommend whether the adult would likely benefit from
608+25 participation in the referral program; and
609+26 (3) explain, in detail, the reason for the recommendation.
610+27 The evaluation, recommendation, and explanation shall be
611+28 submitted to the court in writing, with the recommendation being
612+29 submitted on a sheet separate from the evaluation and explanation.
613+30 (b) The evaluation and explanation are confidential. The
614+31 recommendation is a public record unless ordered sealed by the
615+32 court.
616+33 (c) The state may pay the costs of the assessment under
617+34 subsection (a).
618+35 Sec. 5. (a) After reviewing the evaluation, recommendation, and
619+36 explanation, and after determining that the person has not been
620+37 charged with or convicted of a crime of violence, the court may set
621+38 a hearing under IC 35-33-8-3.2 to determine whether the court
622+39 should, as a condition of pretrial release, refer the adult to a
623+40 treatment provider for appropriate:
624+41 (1) mental health or other treatment; and
625+42 (2) ancillary services.
626+EH 1006—LS 6571/DI 106 15
627+1 (b) After reviewing the evaluation, recommendation, and
628+2 explanation, and after determining that the adult has been charged
629+3 with or convicted of a crime of violence but is eligible to receive
630+4 mental health treatment, the court may refer the adult to a
631+5 treatment provider for appropriate:
632+6 (1) mental health or other treatment; and
633+7 (2) ancillary services;
634+8 in a secure facility operated by the department of correction or
635+9 operated or licensed by the division.
636+10 (c) A court may only refer a person who has been charged with
637+11 or convicted of a crime of violence for treatment in a secure facility
638+12 operated by the department of correction or operated or licensed
639+13 by the division.
640+14 (d) In addition to or instead of referring an adult to a treatment
641+15 provider under subsection (a) or (b), a court may order the adult
642+16 transported for an immediate medical and psychological
643+17 examination.
644+18 (e) A treatment provider shall provide the court with one (1) or
645+19 more written reports concerning the progress of the referred adult:
646+20 (1) at least once every calendar month; or
647+21 (2) at an interval determined by the court.
648+22 (f) If criminal charges are pending against the qualified adult,
649+23 the court may allow the person to participate in the referral
650+24 program in accordance with section 6 or 7 of this chapter.
651+25 Sec. 6. (a) A person against whom criminal charges are pending
652+26 is eligible to participate in the referral program only if the court
653+27 finds, following a hearing, that the person meets the following
654+28 criteria:
655+29 (1) The person is a qualified adult who has been referred to a
656+30 treatment provider under section 5 of this chapter.
657+31 (2) The court has determined that the person is an
658+32 appropriate candidate to participate in the referral program.
659+33 (b) Participation in the referral program does not divert, delay,
660+34 or otherwise affect the criminal prosecution against the person.
661+35 Sec. 7. (a) The division shall adopt rules establishing
662+36 requirements and procedures to implement this chapter, including
663+37 rules concerning educational and occupational qualifications for
664+38 treatment providers.
665+39 (b) Rules adopted under this section must require that the
666+40 treatment provider be a provider certified by the division and
667+41 licensed by the Indiana professional licensing agency to provide
668+42 mental health services.
669+EH 1006—LS 6571/DI 106 16
670+1 Sec. 8. The division shall ensure that referral programs comply
671+2 with this chapter, rules adopted under this chapter, and any
672+3 applicable federal regulations. The division may suspend or
673+4 terminate a referral program if the division determines that the
674+5 program is not compliant.
675+6 SECTION 28. IC 33-24-6-3, AS AMENDED BY P.L.178-2022(ts),
676+7 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
677+8 JULY 1, 2023]: Sec. 3. (a) The office of judicial administration shall
678+9 do the following:
679+10 (1) Examine the administrative and business methods and systems
680+11 employed in the offices of the clerks of court and other offices
681+12 related to and serving the courts and make recommendations for
682+13 necessary improvement.
683+14 (2) Collect and compile statistical data and other information on
684+15 the judicial work of the courts in Indiana. All justices of the
685+16 supreme court, judges of the court of appeals, judges of all trial
686+17 courts, and any city or town courts, whether having general or
687+18 special jurisdiction, court clerks, court reporters, and other
688+19 officers and employees of the courts shall, upon notice by the
689+20 chief administrative officer and in compliance with procedures
690+21 prescribed by the chief administrative officer, furnish the chief
691+22 administrative officer the information as is requested concerning
692+23 the nature and volume of judicial business. The information must
693+24 include the following:
694+25 (A) The volume, condition, and type of business conducted by
695+26 the courts.
696+27 (B) The methods of procedure in the courts.
697+28 (C) The work accomplished by the courts.
698+29 (D) The receipt and expenditure of public money by and for
699+30 the operation of the courts.
700+31 (E) The methods of disposition or termination of cases.
701+32 (3) Prepare and publish reports, not less than one (1) or more than
702+33 two (2) times per year, on the nature and volume of judicial work
703+34 performed by the courts as determined by the information
704+35 required in subdivision (2).
705+36 (4) Serve the judicial nominating commission and the judicial
706+37 qualifications commission in the performance by the commissions
707+38 of their statutory and constitutional functions.
708+39 (5) Administer the civil legal aid fund as required by IC 33-24-12.
709+40 (6) Administer the court technology fund established by section
710+41 12 of this chapter.
711+42 (7) By December 31, 2013, develop and implement a standard
712+EH 1006—LS 6571/DI 106 17
713+1 protocol for sending and receiving court data:
714+2 (A) between the protective order registry, established by
715+3 IC 5-2-9-5.5, and county court case management systems;
716+4 (B) at the option of the county prosecuting attorney, for:
717+5 (i) a prosecuting attorney's case management system;
718+6 (ii) a county court case management system; and
719+7 (iii) a county court case management system developed and
720+8 operated by the office of judicial administration;
721+9 to interface with the electronic traffic tickets, as defined by
722+10 IC 9-30-3-2.5; and
723+11 (C) between county court case management systems and the
724+12 case management system developed and operated by the office
725+13 of judicial administration.
726+14 The standard protocol developed and implemented under this
727+15 subdivision shall permit private sector vendors, including vendors
728+16 providing service to a local system and vendors accessing the
729+17 system for information, to send and receive court information on
730+18 an equitable basis and at an equitable cost, and for a case
731+19 management system developed and operated by the office of
732+20 judicial administration, must include a searchable field for the
733+21 name and bail agent license number, if applicable, of the bail
734+22 agent or a person authorized by the surety that pays bail for an
735+23 individual as described in IC 35-33-8-3.2.
736+24 (8) Establish and administer an electronic system for receiving
737+25 information that relates to certain individuals who may be
738+26 prohibited from possessing a firearm for the purpose of:
739+27 (A) transmitting this information to the Federal Bureau of
740+28 Investigation for inclusion in the NICS; and
741+29 (B) beginning July 1, 2021, compiling and publishing certain
742+30 statistics related to the confiscation and retention of firearms
743+31 as described under section 14 of this chapter.
744+32 (9) Establish and administer an electronic system for receiving
745+33 drug related felony conviction information from courts. The office
746+34 of judicial administration shall notify NPLEx of each drug related
747+35 felony entered after June 30, 2012, and do the following:
748+36 (A) Provide NPLEx with the following information:
749+37 (i) The convicted individual's full name.
750+38 (ii) The convicted individual's date of birth.
751+39 (iii) The convicted individual's driver's license number, state
752+40 personal identification number, or other unique number, if
753+41 available.
754+42 (iv) The date the individual was convicted of the felony.
755+EH 1006—LS 6571/DI 106 18
756+1 Upon receipt of the information from the office of judicial
757+2 administration, a stop sale alert must be generated through
758+3 NPLEx for each individual reported under this clause.
759+4 (B) Notify NPLEx if the felony of an individual reported under
760+5 clause (A) has been:
761+6 (i) set aside;
762+7 (ii) reversed;
763+8 (iii) expunged; or
764+9 (iv) vacated.
765+10 Upon receipt of information under this clause, NPLEx shall
766+11 remove the stop sale alert issued under clause (A) for the
767+12 individual.
768+13 (10) After July 1, 2018, establish and administer an electronic
769+14 system for receiving from courts felony or misdemeanor
770+15 conviction information for each felony or misdemeanor described
771+16 in IC 20-28-5-8(c). The office of judicial administration shall
772+17 notify the department of education at least one (1) time each week
773+18 of each felony or misdemeanor described in IC 20-28-5-8(c)
774+19 entered after July 1, 2018, and do the following:
775+20 (A) Provide the department of education with the following
776+21 information:
777+22 (i) The convicted individual's full name.
778+23 (ii) The convicted individual's date of birth.
779+24 (iii) The convicted individual's driver's license number, state
780+25 personal identification number, or other unique number, if
781+26 available.
782+27 (iv) The date the individual was convicted of the felony or
783+28 misdemeanor.
784+29 (B) Notify the department of education if the felony or
785+30 misdemeanor of an individual reported under clause (A) has
786+31 been:
787+32 (i) set aside;
788+33 (ii) reversed; or
789+34 (iii) vacated.
790+35 (11) Perform legal and administrative duties for the justices as
791+36 determined by the justices.
792+37 (12) Provide staff support for the judicial conference of Indiana
793+38 established in IC 33-38-9.
794+39 (13) Work with the United States Department of Veterans Affairs
795+40 to identify and address the needs of veterans in the court system.
796+41 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
797+42 judicial officer an identification card identifying the retired
798+EH 1006—LS 6571/DI 106 19
799+1 judicial officer as a retired judicial officer.
800+2 (15) Establish and administer the statewide juvenile justice data
801+3 aggregation plan established under section 12.5 of this chapter.
802+4 (16) Create and make available an application for detention
803+5 to be used in proceedings under IC 12-26-5 (mental health
804+6 detention, commitment, and treatment).
805+7 (b) All forms to be used in gathering data must be approved by the
806+8 supreme court and shall be distributed to all judges and clerks before
807+9 the start of each period for which reports are required.
808+10 (c) The office of judicial administration may adopt rules to
809+11 implement this section.
810+12 SECTION 29. IC 35-33-8-3.2, AS AMENDED BY P.L.147-2022,
811+13 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
812+14 JULY 1, 2023]: Sec. 3.2. (a) After considering the results of the Indiana
813+15 pretrial risk assessment system (if available), other relevant factors, and
814+16 bail guidelines described in section 3.8 of this chapter, a court may
815+17 admit a defendant to bail and impose any of the following conditions
816+18 to assure the defendant's appearance at any stage of the legal
817+19 proceedings, or, upon a showing of clear and convincing evidence that
818+20 the defendant poses a risk of physical danger to another person or the
819+21 community, to assure the public's physical safety:
820+22 (1) Require the defendant to:
821+23 (A) execute a bail bond with sufficient solvent sureties;
822+24 (B) deposit cash or securities in an amount equal to the bail;
823+25 (C) execute a bond secured by real estate in the county, where
824+26 thirty-three hundredths (0.33) of the true tax value less
825+27 encumbrances is at least equal to the amount of the bail;
826+28 (D) post a real estate bond; or
827+29 (E) perform any combination of the requirements described in
828+30 clauses (A) through (D).
829+31 If the court requires the defendant to deposit cash or cash and
830+32 another form of security as bail, the court may require the
831+33 defendant and each person who makes the deposit on behalf of the
832+34 defendant to execute an agreement that allows the court to retain
833+35 all or a part of the cash to pay publicly paid costs of
834+36 representation and fines, costs, fees, and restitution that the court
835+37 may order the defendant to pay if the defendant is convicted.
836+38 Before execution of the agreement, the defendant or person who
837+39 makes the deposit on behalf of the defendant shall be advised that,
838+40 upon conviction of the defendant, the court may retain from the
839+41 cash deposited as bail all or a part of the cash to pay publicly paid
840+42 costs of representation and fines, costs, fees, and restitution that
841+EH 1006—LS 6571/DI 106 20
842+1 the court may order the defendant to pay if the defendant is
843+2 convicted. The defendant must also pay the fee required by
844+3 subsection (d).
845+4 (2) Require the defendant to execute:
846+5 (A) a bail bond by depositing cash or securities with the clerk
847+6 of the court in an amount not less than ten percent (10%) of
848+7 the bail; and
849+8 (B) an agreement that allows the court to retain all or a part of
850+9 the cash or securities to pay fines, costs, fees, and restitution
851+10 that the court may order the defendant to pay if the defendant
852+11 is convicted.
853+12 A portion of the deposit, not to exceed ten percent (10%) of the
854+13 monetary value of the deposit or fifty dollars ($50), whichever is
855+14 the lesser amount, may be retained as an administrative fee. The
856+15 clerk shall also retain from the deposit under this subdivision
857+16 fines, costs, fees, and restitution as ordered by the court, publicly
858+17 paid costs of representation that shall be disposed of in
859+18 accordance with subsection (b), and the fee required by
860+19 subsection (d). In the event of the posting of a real estate bond,
861+20 the bond shall be used only to insure the presence of the
862+21 defendant at any stage of the legal proceedings, but shall not be
863+22 foreclosed for the payment of fines, costs, fees, or restitution. The
864+23 individual posting bail for the defendant or the defendant
865+24 admitted to bail under this subdivision must be notified by the
866+25 sheriff, court, or clerk that the defendant's deposit may be
867+26 forfeited under section 7 of this chapter or retained under
868+27 subsection (b).
869+28 (3) Impose reasonable restrictions on the activities, movements,
870+29 associations, and residence of the defendant during the period of
871+30 release.
872+31 (4) Except as provided in section 3.6 of this chapter, require the
873+32 defendant to refrain from any direct or indirect contact with an
874+33 individual and, if the defendant has been charged with an offense
875+34 under IC 35-46-3, any animal belonging to the individual,
876+35 including if the defendant has not been released from lawful
877+36 detention.
878+37 (5) Place the defendant under the reasonable supervision of a
879+38 probation officer, pretrial services agency, or other appropriate
880+39 public official. If the court places the defendant under the
881+40 supervision of a probation officer or pretrial services agency, the
882+41 court shall determine whether the defendant must pay the pretrial
883+42 services fee under section 3.3 of this chapter.
884+EH 1006—LS 6571/DI 106 21
885+1 (6) Release the defendant into the care of a qualified person or
886+2 organization responsible for supervising the defendant and
887+3 assisting the defendant in appearing in court. The supervisor shall
888+4 maintain reasonable contact with the defendant in order to assist
889+5 the defendant in making arrangements to appear in court and,
890+6 where appropriate, shall accompany the defendant to court. The
891+7 supervisor need not be financially responsible for the defendant.
892+8 (7) Release the defendant on personal recognizance unless:
893+9 (A) the state presents evidence relevant to a risk by the
894+10 defendant:
895+11 (i) of nonappearance; or
896+12 (ii) to the physical safety of the public; and
897+13 (B) the court finds by a preponderance of the evidence that the
898+14 risk exists.
899+15 (8) Require a defendant charged with an offense under IC 35-46-3
900+16 to refrain from owning, harboring, or training an animal.
901+17 (9) Require a defendant to participate in a mental health
902+18 referral program under IC 33-23-18.
903+19 (9) (10) Impose any other reasonable restrictions designed to
904+20 assure the defendant's presence in court or the physical safety of
905+21 another person or the community.
906+22 (b) Within thirty (30) days after disposition of the charges against
907+23 the defendant, the court that admitted the defendant to bail shall order
908+24 the clerk to remit the amount of the deposit remaining under subsection
909+25 (a)(2) to the person who made the deposit. The portion of the deposit
910+26 that is not remitted to the person who made the deposit shall be
911+27 deposited by the clerk in the supplemental public defender services
912+28 fund established under IC 33-40-3.
913+29 (c) For purposes of subsection (b), "disposition" occurs when the
914+30 indictment or information is dismissed or the defendant is acquitted or
915+31 convicted of the charges.
916+32 (d) Except as provided in subsection (e), the clerk of the court shall:
917+33 (1) collect a fee of five dollars ($5) from each bond or deposit
918+34 required under subsection (a)(1); and
919+35 (2) retain a fee of five dollars ($5) from each deposit under
920+36 subsection (a)(2).
921+37 The clerk of the court shall semiannually remit the fees collected under
922+38 this subsection to the board of trustees of the Indiana public retirement
923+39 system for deposit in the special death benefit fund. The fee required
924+40 by subdivision (2) is in addition to the administrative fee retained under
925+41 subsection (a)(2).
926+42 (e) With the approval of the clerk of the court, the county sheriff
927+EH 1006—LS 6571/DI 106 22
928+1 may collect the bail posted under this section. The county sheriff shall
929+2 remit the bail to the clerk of the court by the following business day
930+3 and remit monthly the five dollar ($5) special death benefit fee to the
931+4 county auditor.
932+5 (f) When a court imposes a condition of bail described in subsection
933+6 (a)(4):
934+7 (1) the clerk of the court shall comply with IC 5-2-9; and
935+8 (2) the prosecuting attorney shall file a confidential form
936+9 prescribed or approved by the office of judicial administration
937+10 with the clerk.
938+11 (g) The clerk of the court shall record the name, address, and bail
939+12 agent license number, if applicable, of the bail agent or a person
940+13 authorized by the surety posting bail for the defendant in the county
941+14 court electronic case management system.
942+EH 1006—LS 6571/DI 106 23
943+COMMITTEE REPORT
944+Mr. Speaker: Your Committee on Courts and Criminal Code, to
945+which was referred House Bill 1006, has had the same under
946+consideration and begs leave to report the same back to the House with
947+the recommendation that said bill be amended as follows:
948+Page 6, between lines 8 and 9, begin a new paragraph and insert:
949+"(f) If clinically appropriate, a physician may authorize and
950+begin a mental health or substance use disorder treatment plan for
951+an individual detained under this chapter.".
952+Page 14, line 34, after "or" insert "operated or licensed by".
953+Page 14, line 38, after "or" insert "operated or licensed by".
954+and when so amended that said bill do pass.
955+(Reference is to HB 1006 as introduced.)
956+MCNAMARA
957+Committee Vote: yeas 13, nays 0.
958+_____
959+COMMITTEE REPORT
960+Madam President: The Senate Committee on Corrections and
961+Criminal Law, to which was referred House Bill No. 1006, has had the
962+same under consideration and begs leave to report the same back to the
963+Senate with the recommendation that said bill be AMENDED as
964+follows:
965+Page 6, line 10, after "plan" insert "using accepted clinical care
966+guidelines, including medication,".
967+Page 6, line 13, delete "An" and insert "Except as otherwise
968+provided in this chapter, an".
969+Page 6, line 23, delete "detention" and insert "detention, on a form
970+prepared by the office of judicial administration,".
971+Page 6, line 30, after "days," insert "from the time of admission,".
972+Page 6, line 31, after "chapter." insert "If a patient is admitted to
973+a facility after midnight and before 8:00 a.m., the time periods
974+described in this subsection begin to run at 8:00 a.m.".
975+Page 6, line 35, after "examination," insert "or based on other
976+information provided to the physician, advanced practice
977+registered nurse, or physician assistant,".
978+EH 1006—LS 6571/DI 106 24
979+Page 8, line 40, after "chapter." insert "In addition, the court may
980+order the individual to receive treatment in accordance with a
981+mental health or substance use disorder treatment plan, using
982+accepted clinical care guidelines, including medication.".
983+Page 15, between lines 34 and 35, begin a new paragraph and insert:
984+"SECTION 28. IC 33-24-6-3, AS AMENDED BY P.L.178-2022(ts),
646985 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
647986 JULY 1, 2023]: Sec. 3. (a) The office of judicial administration shall
648987 do the following:
649988 (1) Examine the administrative and business methods and systems
650989 employed in the offices of the clerks of court and other offices
651990 related to and serving the courts and make recommendations for
652991 necessary improvement.
653992 (2) Collect and compile statistical data and other information on
654993 the judicial work of the courts in Indiana. All justices of the
655994 supreme court, judges of the court of appeals, judges of all trial
656995 courts, and any city or town courts, whether having general or
657996 special jurisdiction, court clerks, court reporters, and other
658997 officers and employees of the courts shall, upon notice by the
659998 chief administrative officer and in compliance with procedures
660999 prescribed by the chief administrative officer, furnish the chief
6611000 administrative officer the information as is requested concerning
6621001 the nature and volume of judicial business. The information must
6631002 include the following:
6641003 (A) The volume, condition, and type of business conducted by
6651004 the courts.
6661005 (B) The methods of procedure in the courts.
6671006 (C) The work accomplished by the courts.
6681007 (D) The receipt and expenditure of public money by and for
6691008 the operation of the courts.
6701009 (E) The methods of disposition or termination of cases.
6711010 (3) Prepare and publish reports, not less than one (1) or more than
6721011 two (2) times per year, on the nature and volume of judicial work
6731012 performed by the courts as determined by the information
6741013 required in subdivision (2).
6751014 (4) Serve the judicial nominating commission and the judicial
6761015 qualifications commission in the performance by the commissions
6771016 of their statutory and constitutional functions.
6781017 (5) Administer the civil legal aid fund as required by IC 33-24-12.
6791018 (6) Administer the court technology fund established by section
6801019 12 of this chapter.
681-HEA 1006 — CC 1 17
6821020 (7) By December 31, 2013, develop and implement a standard
1021+EH 1006—LS 6571/DI 106 25
6831022 protocol for sending and receiving court data:
6841023 (A) between the protective order registry, established by
6851024 IC 5-2-9-5.5, and county court case management systems;
6861025 (B) at the option of the county prosecuting attorney, for:
6871026 (i) a prosecuting attorney's case management system;
6881027 (ii) a county court case management system; and
6891028 (iii) a county court case management system developed and
6901029 operated by the office of judicial administration;
6911030 to interface with the electronic traffic tickets, as defined by
6921031 IC 9-30-3-2.5; and
6931032 (C) between county court case management systems and the
6941033 case management system developed and operated by the office
6951034 of judicial administration.
6961035 The standard protocol developed and implemented under this
6971036 subdivision shall permit private sector vendors, including vendors
6981037 providing service to a local system and vendors accessing the
6991038 system for information, to send and receive court information on
7001039 an equitable basis and at an equitable cost, and for a case
7011040 management system developed and operated by the office of
7021041 judicial administration, must include a searchable field for the
7031042 name and bail agent license number, if applicable, of the bail
7041043 agent or a person authorized by the surety that pays bail for an
7051044 individual as described in IC 35-33-8-3.2.
7061045 (8) Establish and administer an electronic system for receiving
7071046 information that relates to certain individuals who may be
7081047 prohibited from possessing a firearm for the purpose of:
7091048 (A) transmitting this information to the Federal Bureau of
7101049 Investigation for inclusion in the NICS; and
7111050 (B) beginning July 1, 2021, compiling and publishing certain
7121051 statistics related to the confiscation and retention of firearms
7131052 as described under section 14 of this chapter.
7141053 (9) Establish and administer an electronic system for receiving
7151054 drug related felony conviction information from courts. The office
7161055 of judicial administration shall notify NPLEx of each drug related
7171056 felony entered after June 30, 2012, and do the following:
7181057 (A) Provide NPLEx with the following information:
7191058 (i) The convicted individual's full name.
7201059 (ii) The convicted individual's date of birth.
7211060 (iii) The convicted individual's driver's license number, state
7221061 personal identification number, or other unique number, if
7231062 available.
724-HEA 1006 — CC 1 18
7251063 (iv) The date the individual was convicted of the felony.
1064+EH 1006—LS 6571/DI 106 26
7261065 Upon receipt of the information from the office of judicial
7271066 administration, a stop sale alert must be generated through
7281067 NPLEx for each individual reported under this clause.
7291068 (B) Notify NPLEx if the felony of an individual reported under
7301069 clause (A) has been:
7311070 (i) set aside;
7321071 (ii) reversed;
7331072 (iii) expunged; or
7341073 (iv) vacated.
7351074 Upon receipt of information under this clause, NPLEx shall
7361075 remove the stop sale alert issued under clause (A) for the
7371076 individual.
7381077 (10) After July 1, 2018, establish and administer an electronic
7391078 system for receiving from courts felony or misdemeanor
7401079 conviction information for each felony or misdemeanor described
7411080 in IC 20-28-5-8(c). The office of judicial administration shall
7421081 notify the department of education at least one (1) time each week
7431082 of each felony or misdemeanor described in IC 20-28-5-8(c)
7441083 entered after July 1, 2018, and do the following:
7451084 (A) Provide the department of education with the following
7461085 information:
7471086 (i) The convicted individual's full name.
7481087 (ii) The convicted individual's date of birth.
7491088 (iii) The convicted individual's driver's license number, state
7501089 personal identification number, or other unique number, if
7511090 available.
7521091 (iv) The date the individual was convicted of the felony or
7531092 misdemeanor.
7541093 (B) Notify the department of education if the felony or
7551094 misdemeanor of an individual reported under clause (A) has
7561095 been:
7571096 (i) set aside;
7581097 (ii) reversed; or
7591098 (iii) vacated.
7601099 (11) Perform legal and administrative duties for the justices as
7611100 determined by the justices.
7621101 (12) Provide staff support for the judicial conference of Indiana
7631102 established in IC 33-38-9.
7641103 (13) Work with the United States Department of Veterans Affairs
7651104 to identify and address the needs of veterans in the court system.
7661105 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
767-HEA 1006 — CC 1 19
7681106 judicial officer an identification card identifying the retired
1107+EH 1006—LS 6571/DI 106 27
7691108 judicial officer as a retired judicial officer.
7701109 (15) Establish and administer the statewide juvenile justice data
7711110 aggregation plan established under section 12.5 of this chapter.
7721111 (16) Create and make available an application for detention
7731112 to be used in proceedings under IC 12-26-5 (mental health
7741113 detention, commitment, and treatment).
7751114 (b) All forms to be used in gathering data must be approved by the
7761115 supreme court and shall be distributed to all judges and clerks before
7771116 the start of each period for which reports are required.
7781117 (c) The office of judicial administration may adopt rules to
779-implement this section.
780-SECTION 29. IC 34-30-2.1-153.3 IS ADDED TO THE INDIANA
781-CODE AS A NEW SECTION TO READ AS FOLLOWS
782-[EFFECTIVE JULY 1, 2023]: Sec. 153.3. IC 12-26-5-13 (Concerning
783-certain facilities and individuals related to involuntary
784-commitment).
785-SECTION 30. IC 35-33-8-3.2, AS AMENDED BY P.L.147-2022,
786-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
787-JULY 1, 2023]: Sec. 3.2. (a) After considering the results of the Indiana
788-pretrial risk assessment system (if available), other relevant factors, and
789-bail guidelines described in section 3.8 of this chapter, a court may
790-admit a defendant to bail and impose any of the following conditions
791-to assure the defendant's appearance at any stage of the legal
792-proceedings, or, upon a showing of clear and convincing evidence that
793-the defendant poses a risk of physical danger to another person or the
794-community, to assure the public's physical safety:
795-(1) Require the defendant to:
796-(A) execute a bail bond with sufficient solvent sureties;
797-(B) deposit cash or securities in an amount equal to the bail;
798-(C) execute a bond secured by real estate in the county, where
799-thirty-three hundredths (0.33) of the true tax value less
800-encumbrances is at least equal to the amount of the bail;
801-(D) post a real estate bond; or
802-(E) perform any combination of the requirements described in
803-clauses (A) through (D).
804-If the court requires the defendant to deposit cash or cash and
805-another form of security as bail, the court may require the
806-defendant and each person who makes the deposit on behalf of the
807-defendant to execute an agreement that allows the court to retain
808-all or a part of the cash to pay publicly paid costs of
809-representation and fines, costs, fees, and restitution that the court
810-HEA 1006 — CC 1 20
811-may order the defendant to pay if the defendant is convicted.
812-Before execution of the agreement, the defendant or person who
813-makes the deposit on behalf of the defendant shall be advised that,
814-upon conviction of the defendant, the court may retain from the
815-cash deposited as bail all or a part of the cash to pay publicly paid
816-costs of representation and fines, costs, fees, and restitution that
817-the court may order the defendant to pay if the defendant is
818-convicted. The defendant must also pay the fee required by
819-subsection (d).
820-(2) Require the defendant to execute:
821-(A) a bail bond by depositing cash or securities with the clerk
822-of the court in an amount not less than ten percent (10%) of
823-the bail; and
824-(B) an agreement that allows the court to retain all or a part of
825-the cash or securities to pay fines, costs, fees, and restitution
826-that the court may order the defendant to pay if the defendant
827-is convicted.
828-A portion of the deposit, not to exceed ten percent (10%) of the
829-monetary value of the deposit or fifty dollars ($50), whichever is
830-the lesser amount, may be retained as an administrative fee. The
831-clerk shall also retain from the deposit under this subdivision
832-fines, costs, fees, and restitution as ordered by the court, publicly
833-paid costs of representation that shall be disposed of in
834-accordance with subsection (b), and the fee required by
835-subsection (d). In the event of the posting of a real estate bond,
836-the bond shall be used only to insure the presence of the
837-defendant at any stage of the legal proceedings, but shall not be
838-foreclosed for the payment of fines, costs, fees, or restitution. The
839-individual posting bail for the defendant or the defendant
840-admitted to bail under this subdivision must be notified by the
841-sheriff, court, or clerk that the defendant's deposit may be
842-forfeited under section 7 of this chapter or retained under
843-subsection (b).
844-(3) Impose reasonable restrictions on the activities, movements,
845-associations, and residence of the defendant during the period of
846-release.
847-(4) Except as provided in section 3.6 of this chapter, require the
848-defendant to refrain from any direct or indirect contact with an
849-individual and, if the defendant has been charged with an offense
850-under IC 35-46-3, any animal belonging to the individual,
851-including if the defendant has not been released from lawful
852-detention.
853-HEA 1006 — CC 1 21
854-(5) Place the defendant under the reasonable supervision of a
855-probation officer, pretrial services agency, or other appropriate
856-public official. If the court places the defendant under the
857-supervision of a probation officer or pretrial services agency, the
858-court shall determine whether the defendant must pay the pretrial
859-services fee under section 3.3 of this chapter.
860-(6) Release the defendant into the care of a qualified person or
861-organization responsible for supervising the defendant and
862-assisting the defendant in appearing in court. The supervisor shall
863-maintain reasonable contact with the defendant in order to assist
864-the defendant in making arrangements to appear in court and,
865-where appropriate, shall accompany the defendant to court. The
866-supervisor need not be financially responsible for the defendant.
867-(7) Release the defendant on personal recognizance unless:
868-(A) the state presents evidence relevant to a risk by the
869-defendant:
870-(i) of nonappearance; or
871-(ii) to the physical safety of the public; and
872-(B) the court finds by a preponderance of the evidence that the
873-risk exists.
874-(8) Require a defendant charged with an offense under IC 35-46-3
875-to refrain from owning, harboring, or training an animal.
876-(9) Require a defendant to participate in a mental health
877-referral program under IC 33-23-18.
878-(9) (10) Impose any other reasonable restrictions designed to
879-assure the defendant's presence in court or the physical safety of
880-another person or the community.
881-(b) Within thirty (30) days after disposition of the charges against
882-the defendant, the court that admitted the defendant to bail shall order
883-the clerk to remit the amount of the deposit remaining under subsection
884-(a)(2) to the person who made the deposit. The portion of the deposit
885-that is not remitted to the person who made the deposit shall be
886-deposited by the clerk in the supplemental public defender services
887-fund established under IC 33-40-3.
888-(c) For purposes of subsection (b), "disposition" occurs when the
889-indictment or information is dismissed or the defendant is acquitted or
890-convicted of the charges.
891-(d) Except as provided in subsection (e), the clerk of the court shall:
892-(1) collect a fee of five dollars ($5) from each bond or deposit
893-required under subsection (a)(1); and
894-(2) retain a fee of five dollars ($5) from each deposit under
895-subsection (a)(2).
896-HEA 1006 — CC 1 22
897-The clerk of the court shall semiannually remit the fees collected under
898-this subsection to the board of trustees of the Indiana public retirement
899-system for deposit in the special death benefit fund. The fee required
900-by subdivision (2) is in addition to the administrative fee retained under
901-subsection (a)(2).
902-(e) With the approval of the clerk of the court, the county sheriff
903-may collect the bail posted under this section. The county sheriff shall
904-remit the bail to the clerk of the court by the following business day
905-and remit monthly the five dollar ($5) special death benefit fee to the
906-county auditor.
907-(f) When a court imposes a condition of bail described in subsection
908-(a)(4):
909-(1) the clerk of the court shall comply with IC 5-2-9; and
910-(2) the prosecuting attorney shall file a confidential form
911-prescribed or approved by the office of judicial administration
912-with the clerk.
913-(g) The clerk of the court shall record the name, address, and bail
914-agent license number, if applicable, of the bail agent or a person
915-authorized by the surety posting bail for the defendant in the county
916-court electronic case management system.
917-HEA 1006 — CC 1 Speaker of the House of Representatives
918-President of the Senate
919-President Pro Tempore
920-Governor of the State of Indiana
921-Date: Time:
922-HEA 1006 — CC 1
1118+implement this section.".
1119+Renumber all SECTIONS consecutively.
1120+and when so amended that said bill do pass and be reassigned to the
1121+Senate Committee on Appropriations.
1122+(Reference is to HB 1006 as printed January 26, 2023.)
1123+FREEMAN, Chairperson
1124+Committee Vote: Yeas 7, Nays 1.
1125+_____
1126+COMMITTEE REPORT
1127+Madam President: The Senate Committee on Appropriations, to
1128+which was referred Engrossed House Bill No. 1006, has had the same
1129+under consideration and begs leave to report the same back to the
1130+Senate with the recommendation that said bill be AMENDED as
1131+follows:
1132+Page 4, line 15, delete "." and insert "when provided in accordance
1133+with generally accepted clinical care guidelines.".
1134+Page 4, line 18, delete "." and insert "when provided in accordance
1135+with generally accepted clinical care guidelines.".
1136+Page 11, line 32, delete "." and insert "when provided in
1137+accordance with generally accepted clinical care guidelines.".
1138+Page 11, line 37, delete "." and insert "when provided in
1139+accordance with generally accepted clinical care guidelines.".
1140+Page 14, line 31, delete "shall" and insert "may".
1141+and when so amended that said bill do pass.
1142+EH 1006—LS 6571/DI 106 28
1143+(Reference is to EHB 1006 as printed March 22, 2023.)
1144+BASSLER
1145+Committee Vote: Yeas 9, Nays 0.
1146+_____
1147+SENATE MOTION
1148+Madam President: I move that Engrossed House Bill 1006 be
1149+amended to read as follows:
1150+Page 5, line 41, after "facility" delete ",".
1151+Page 5, line 41, delete ", advanced".
1152+Page 5, line 42, delete "practice registered nurse, or physician
1153+assistant".
1154+Page 6, line 41, delete "a statement" and insert "an attestation
1155+signed by a physician".
1156+Page 6, line 42, delete ", an advanced practice registered".
1157+Page 7, line 1, delete "nurse, or a physician assistant,".
1158+Page 7, line 2, delete "advanced".
1159+Page 7, line 3, delete "practice registered nurse, or physician
1160+assistant,".
1161+Page 10, line 11, delete "physician," and insert "physician".
1162+Page 10, line 12, delete "advanced practice registered nurse, or
1163+physician assistant".
1164+(Reference is to EHB 1006 as printed April 7, 2023.)
1165+JOHNSON T
1166+EH 1006—LS 6571/DI 106