First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1006
AN ACT to amend the Indiana Code concerning courts and court
officers.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-2-21.2-6, AS AMENDED BY P.L.102-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 6. The technical assistance center shall:
(1) identify grants and other funds that may be used to fund:
(A) local crisis intervention teams;
(B) law enforcement agencies; and
(C) evaluation of the effectiveness of crisis intervention team
training;
(2) create and support a statewide crisis intervention team
advisory committee that includes representatives from:
(A) each local crisis intervention team in Indiana;
(B) state level stakeholders, including relevant provider
groups;
(C) state agencies, including the division of mental health and
addiction, the Indiana law enforcement academy, and other
agencies considered appropriate; and
(D) advocacy organizations, including organizations
representing people affected by mental illnesses and substance
addiction disorders and other organizations considered
appropriate;
(3) assist rural counties in creating crisis intervention teams and
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crisis intervention team training;
(4) provide established local crisis intervention teams with
appropriate training, information, and technical assistance to:
(A) assist law enforcement agencies and law enforcement
officers in providing a sense of dignity in crisis situations to an
individual in crisis;
(B) identify underserved populations with mental illness,
substance addiction disorders, or both, and link the
populations to appropriate care;
(C) build partnerships and encourage formal agreements
among local law enforcement, mental health providers,
individuals and families affected by mental illness and
substance addiction disorders, and other community
stakeholders to improve system prevention and response to
mental health and substance addiction disorder crises;
(D) develop and communicate a recommended best practices
crisis intervention team training curriculum, consistent with
recommended standards developed by CIT International; and
(E) identify and improve awareness of existing crisis response
resources;
(5) communicate and disseminate existing standard protocols for
law enforcement officers transferring an individual in crisis to
medical personnel for treatment under an immediate emergency
detention under IC 12-26-4; IC 12-26-5;
(6) recognize local crisis intervention teams and law enforcement
officers trained in crisis intervention teams; and
(7) report on the status of crisis intervention teams in Indiana,
including:
(A) the overall operation of crisis intervention teams in
Indiana;
(B) problems local crisis intervention teams encounter and
proposed solutions, as identified by the advisory committee
described in subdivision (2);
(C) an evaluation of outcomes and best practices to achieve
crisis intervention team goals, including:
(i) the reduction in the amount of time law enforcement
officers spend out of service awaiting assessment and
disposition of individuals in crisis;
(ii) reduction in injuries to law enforcement officers during
crisis events;
(iii) reduction of the use of force when responding to
individuals in crisis;
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(iv) reduction in inappropriate arrests of individuals in
crisis;
(v) reducing the need for mental health treatment in jails;
and
(vi) other goals identified by the technical assistance center;
(D) information regarding the number of crisis intervention
trained officers in each county;
(E) the addresses and directors of the local crisis intervention
teams and whether each local crisis intervention team:
(i) is an established team meeting regularly to address local
needs and host crisis intervention team training as needed;
(ii) is a developing team consisting of community
stakeholders planning for future crisis intervention team
training, but training has not yet taken place; or
(iii) is an inactive team, in which law enforcement officers
were previously trained to be crisis intervention teams but
there are no future plans for crisis intervention team
training; and
(F) an analysis of costs and cost savings associated with crisis
intervention teams.
SECTION 2. IC 12-7-2-53 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 53. (a) Except as
provided in subsection (b), "dangerous", for purposes of IC 12-26,
means a condition in which an individual as a result of mental illness,
presents a substantial risk that the individual will harm the individual
or others.
(b) "Dangerous", for purposes of IC 12-26-5, means a condition
in which an individual presents a substantial risk that the
individual will harm the individual or others.
SECTION 3. IC 12-7-2-130, AS AMENDED BY P.L.117-2015,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 130. "Mental illness" or "mentally ill" means the
following:
(1) For purposes of IC 12-23-5, IC 12-24, and IC 12-26, a
psychiatric disorder that:
(A) substantially disturbs an individual's thinking, feeling, or
behavior; and
(B) impairs the individual's ability to function.
The term includes intellectual disability, alcoholism, and
addiction to narcotics or dangerous drugs, and, for purposes of
IC 12-26-5, the term includes temporary impairment as a
result of alcohol or drug use.
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(2) For purposes of IC 12-28-4 and IC 12-28-5, a psychiatric
disorder that:
(A) substantially disturbs an individual's thinking, feeling, or
behavior; and
(B) impairs the individual's ability to function.
The term does not include developmental disability.
SECTION 4. IC 12-15-5-13.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 13.5. (a) Services provided to an
individual while detained under IC 12-26-5 are medically necessary
when provided in accordance with generally accepted clinical care
guidelines.
(b) The office shall require managed care organizations to
consider services provided to an individual while detained under
IC 12-26-5 as medically necessary when provided in accordance
with generally accepted clinical care guidelines.
SECTION 5. IC 12-26-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. An individual who
is mentally ill and either dangerous or gravely disabled may be
involuntarily detained or committed under any of the following
statutes:
(1) IC 12-26-4 (immediate detention).
(2) (1) IC 12-26-5 (emergency detention).
(3) (2) IC 12-26-6 (temporary commitment).
(4) (3) IC 12-26-7 (regular commitment).
SECTION 6. IC 12-26-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. (a) This section does
not apply in the following statutes:
(1) IC 12-26-4.
(2) (1) IC 12-26-11.
(3) (2) IC 12-26-12.
(b) This section does not apply to computation of a period during
which an individual may be detained under this article.
(c) In computing time under this article, Saturdays, Sundays, and
legal holidays are not included in the computation if the time
prescribed is less than fourteen (14) days.
SECTION 7. IC 12-26-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 8. Upon the filing of a
petition for commitment under IC 12-26-6 or IC 12-26-7 or the filing
of a report under IC 12-26-3-5, the individual may be detained in an
appropriate facility:
(1) by an order of the court pending a hearing; or
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(2) pending an order of the court under:
(A) IC 12-26-3-6; or
(B) IC 12-26-5-10; or
(C) IC 12-26-5-11.
(B) IC 12-26-5.
SECTION 8. IC 12-26-4 IS REPEALED [EFFECTIVE JULY 1,
2023]. (Immediate Detention).
SECTION 9. IC 12-26-5-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 0.5. (a) A law enforcement officer, having reasonable
grounds to believe that an individual has a mental illness, is either
dangerous or gravely disabled, and is in immediate need of
hospitalization and treatment, may do one (1) or more of the
following:
(1) Apprehend and transport the individual to the nearest
appropriate facility. The individual may not be transported to
a state institution.
(2) Charge the individual with an offense, if applicable.
(b) A law enforcement officer who transports an individual to
a facility under subsection (a) shall submit to the facility a written
statement containing the basis for the officer's conclusion that
reasonable grounds exist under this chapter. The statement shall
be filed with both of the following:
(1) The individual's records at the facility.
(2) The appropriate court, if action relating to any charges
filed by the officer against the individual is pursued.
(c) If a court has reasonable grounds to believe that an
individual:
(1) has a mental illness;
(2) is either dangerous or gravely disabled; and
(3) is in immediate need of hospitalization and treatment;
the court may order the individual to be detained at the nearest
appropriate facility for a preliminary medical and psychological
evaluation. The individual may not be transported to a state
institution.
(d) An individual detained under this section shall be discharged
if the superintendent of the facility or the physician believes
detention is no longer necessary. As soon as practicable after
discharge, the facility shall notify the court that ordered the
detention that the individual has been discharged.
(e) The superintendent of the facility or a physician, an
advanced practice registered nurse, or a physician assistant may
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furnish emergency treatment to an individual transported to a
facility under this section that is necessary to:
(1) preserve the health and safety of the individual detained;
and
(2) protect other persons and property.
(f) If clinically appropriate, a physician may authorize and
begin a mental health or substance use disorder treatment plan
using accepted clinical care guidelines, including medication, for an
individual detained under this chapter.
SECTION 10. IC 12-26-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) Except as
otherwise provided in this chapter, an individual may be detained in
a facility for not more than seventy-two (72) hours under this chapter,
excluding Saturdays, Sundays, and legal holidays, if a written
application for detention is filed with the facility. a court of competent
jurisdiction in accordance with this section. The individual may not
be detained in a state institution unless the detention is instituted by the
state institution.
(b) An individual may be detained in a facility for not more than
forty-eight (48) hours from the time of admission, excluding
Saturdays, Sundays, and legal holidays, unless the facility files an
application for detention, on a form prepared by the office of
judicial administration, with a court of competent jurisdiction
within the forty-eight (48) hour period. If the facility timely files an
application for detention, the individual may be detained for not
more than seventy-two (72) hours from the time of admission,
excluding Saturdays, Sundays, and legal holidays, unless the court
approves the application for detention. If the court approves the
application for detention, the individual may be held for not more
than fourteen (14) days, from the time of admission, excluding
Saturdays, Sundays, and legal holidays, pending a final hearing
under section 11 of this chapter. If a patient is admitted to a facility
after midnight and before 8:00 a.m., the time periods described in
this subsection begin to run at 8:00 a.m.
(b) (c) An application for detention under subsection (a) (b) must
contain both of the following: an attestation signed by a physician
that the individual has been examined by a physician, an advanced
practice registered nurse, or a physician assistant, and that based
on this examination, or based on other information provided to the
physician, advanced practice registered nurse, or physician
assistant, the applicant believes that there is probable cause to
believe that:
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(1) the individual is mentally ill and either dangerous or
gravely disabled; and
(2) the individual requires continuing involuntary detention
to receive care and treatment.
(1) A statement of the applicant's belief that the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of immediate restraint.
(2) A statement by at least one (1) physician that, based on:
(A) an examination; or
(B) information given the physician;
the individual may be mentally ill and either dangerous or gravely
disabled.
(d) A facility may not be required to first seek transfer of the
individual to a psychiatric hospital before commencing an
application for detention.
(e) A facility may commence an application for detention even
if an individual was not apprehended and transported to a facility
under section 0.5 of this chapter.
SECTION 11. IC 12-26-5-2, AS AMENDED BY P.L.196-2021,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) If a judicial officer authorized to issue a
warrant for arrest in the county in which the individual is present
endorses approves an application for detention made under section 1
of this chapter, the application authorizes a police officer to take the
individual into custody and transport the individual to a facility, if
applicable.
(b) Except as provided in subsection (c), the expense of
transportation under this section shall be paid by the county in which
the individual is present.
(c) This subsection applies only to the nonemergency transport to a
facility by the county sheriff or deputy sheriff of an individual who:
(1) is not in lawful detention (as defined in IC 36-2-13-18);
(2) has had an application for the individual's detention under
section 1 of this chapter endorsed approved by a judicial officer;
and
(3) is transported more than thirty (30) miles.
The county sheriff may be reimbursed from the individual's health care
coverage, including health coverage offered or administered by the
state.
SECTION 12. IC 12-26-5-4 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 4. If during a detention period under this chapter the
superintendent or the attending physician determines that there is not
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probable cause to believe the individual is mentally ill and either
dangerous or gravely disabled, a report shall be made under section 5
of this chapter.
SECTION 13. IC 12-26-5-5 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 5. Before the end of a detention period under this chapter,
the superintendent of the facility or the individual's attending physician
shall make a written report to the court. The report must contain both
of the following:
(1) A statement that the individual has been examined.
(2) A statement whether there is probable cause to believe that the
individual:
(A) is mentally ill and either dangerous or gravely disabled;
and
(B) requires continuing care and treatment.
SECTION 14. IC 12-26-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 6. (a) If a report the
court does not approve an application for detention made under
section 5 of this chapter, states there is not probable cause, the
individual shall be discharged from the facility.
(b) The report application shall be made part of the individual's
medical record.
SECTION 15. IC 12-26-5-7 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 7. If a report made under section 5 of this chapter states
there is probable cause, the report shall recommend both of the
following:
(1) That the court hold a hearing to determine whether:
(A) the individual is mentally ill and either dangerous or
gravely disabled; and
(B) there is a need for continuing involuntary detention.
(2) That the individual be detained in the facility pending the
hearing.
SECTION 16. IC 12-26-5-8 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 8. The court shall consider and act upon a report described
in section 7 of this chapter within twenty-four (24) hours of receiving
the report.
SECTION 17. IC 12-26-5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. (a) After receiving
a report described in section 7 of an application for detention under
section 1 of this chapter, the court shall, without a hearing, consider
the application and may do any one (1) of the following:
(1) If the court finds that there is not probable cause to detain
the individual, order the individual released.
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(2) If the court finds that there is probable cause to detain the
individual, order the individual's continued detention in an
appropriate facility pending a preliminary final hearing under
section 11 of this chapter. In addition, the court may order the
individual to receive treatment in accordance with a mental
health or substance use disorder treatment plan, using
accepted clinical care guidelines, including medication. The
purpose of a hearing under this subdivision is to determine if
there is probable cause to believe that the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of temporary or regular commitment.
(3) Order a final hearing. The purpose of a hearing ordered under
this subdivision is to determine if the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of temporary or regular commitment.
(b) A hearing ordered under subsection (a) must be held not later
than two (2) days after the order.
SECTION 18. IC 12-26-5-10 IS REPEALED [EFFECTIVE JULY
1, 2023]. Sec. 10. (a) A physician's statement may be introduced into
evidence at the preliminary hearing held under section 9(a)(2) of this
chapter without the presence of the physician.
(b) A finding of probable cause may not be entered at a preliminary
hearing unless there is oral testimony:
(1) subject to cross-examination; and
(2) of at least one (1) witness who:
(A) has personally observed the behavior of the individual;
and
(B) will testify to facts supporting a finding that there is
probable cause to believe that the individual is in need of
temporary or regular commitment.
(c) At the conclusion of the preliminary hearing, if the court does
not find probable cause, the individual shall be immediately
discharged.
(d) If the court finds at the conclusion of the preliminary hearing
probable cause to believe that the individual needs temporary or
regular commitment, the court shall order the detention of the
individual in an appropriate facility pending a final hearing.
SECTION 19. IC 12-26-5-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) A final hearing
required by section 10(d) section 9 of this chapter shall be held within
not later than ten (10) fourteen (14) days of from the date of the
preliminary hearing. individual's admission to a facility, excluding
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Saturdays, Sundays, and legal holidays. The purpose of a final
hearing is to determine by clear and convincing evidence whether
the individual is:
(1) mentally ill and either dangerous or gravely disabled; and
(2) in need of temporary or regular commitment.
(b) At a final hearing, an individual may not be found in need of
temporary or regular commitment unless:
(1) the physician who signed the attestation under section 1 of
this chapter; or
(2) at least one (1) physician who has personally examined the
individual;
testifies at the hearing. This testimony may be waived by the individual
if the waiver is voluntarily and knowingly given.
(c) If an individual has not previously been the subject of a
commitment proceeding, the court may order only a temporary
commitment.
(d) If an individual has previously been the subject of a commitment
proceeding, the court may order a regular commitment if a longer
period of treatment is warranted.
SECTION 20. IC 12-26-5-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 13. The following may not be held
liable for an act or omission taken in good faith under this chapter,
unless the act or omission constitutes gross negligence or willful or
wanton misconduct:
(1) A facility in which an individual is detained, treated,
evaluated, or assessed.
(2) A law enforcement officer.
(3) The superintendent of a facility.
(4) A physician.
(5) An advanced practice registered nurse.
(6) A physician assistant.
SECTION 21. IC 16-36-1.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. This chapter does not
apply when an individual is detained or committed under IC 12-26-4,
IC 12-26-5, IC 12-26-6, or IC 12-26-7.
SECTION 22. IC 16-36-1.7-0.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 0.5. This chapter does
not apply when an individual is detained or committed under
IC 12-26-4, IC 12-26-5, IC 12-26-6, or IC 12-26-7.
SECTION 23. IC 16-41-9-5, AS AMENDED BY P.L.112-2020,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2023]: Sec. 5. (a) If a designated health official determines
that an individual with a communicable disease has a serious
communicable disease and has reasonable grounds to believe that the
individual with a communicable disease is mentally ill and either
dangerous or gravely disabled, the designated health official may
request (1) immediate detention under IC 12-26-4; or (2) emergency
detention under IC 12-26-5 for the purpose of having the individual
with a communicable disease apprehended, detained, and examined.
The designated health official may provide to the superintendent of the
psychiatric hospital or center or the attending physician information
about the communicable disease status of the individual with a
communicable disease. Communications under this subsection do not
constitute a breach of confidentiality.
(b) If the written report application for detention required under
IC 12-26-5-5 IC 12-26-5 states there is probable cause to believe the
individual with a communicable disease is mentally ill and either
dangerous or gravely disabled and requires continuing care and
treatment, proceedings may continue under IC 12-26.
(c) If the written report court does not approve an application for
detention required under IC 12-26-5-5 IC 12-26-5, or if an
application for detention is not timely filed, states there is not
probable cause to believe the individual with a communicable disease
is mentally ill and either dangerous or gravely disabled and requires
continuing care and treatment, the individual with a communicable
disease shall be referred to the designated health official who may take
action under this article.
SECTION 24. IC 27-8-5-15.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 15.9. An insurer that issues a
policy of accident and sickness insurance shall consider services
provided to an individual while detained under IC 12-26-5 as
medically necessary when provided in accordance with generally
accepted clinical care guidelines.
SECTION 25. IC 27-13-7-28 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 28. An individual contract and a
group contract shall consider services provided to an individual
while detained under IC 12-26-5 as medically necessary when
provided in accordance with generally accepted clinical care
guidelines.
SECTION 26. IC 31-37-4-3, AS AMENDED BY P.L.211-2019,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2023]: Sec. 3. (a) This section applies if a child is arrested or
taken into custody for allegedly committing an act that would be any of
the following crimes if committed by an adult:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1).
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8.
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3).
(12) Robbery as a Level 2 felony or a Level 3 felony (IC
35-42-5-1).
(13) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
or Level 4 felony (IC 35-43-2-1).
(14) Assisting a criminal as a Level 5 felony (IC 35-44.1-2-5).
(15) Escape (IC 35-44.1-3-4) as a Level 4 felony or Level 5
felony.
(16) Trafficking with an inmate as a Level 5 felony (IC
35-44.1-3-5).
(17) Causing death or catastrophic injury when operating a
vehicle (IC 9-30-5-5).
(18) Criminal confinement (IC 35-42-3-3) as a Level 2 or Level
3 felony.
(19) Arson (IC 35-43-1-1) as a Level 2 felony, Level 3 felony, or
Level 4 felony.
(20) Possession, use, or manufacture of a weapon of mass
destruction (IC 35-47-12-1) (before its repeal).
(21) Terroristic mischief (IC 35-47-12-3) as a Level 2 or Level 3
felony (before its repeal).
(22) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(23) A violation of IC 35-47.5 (controlled explosives) as a Level
2 felony, Level 3 felony, or Level 4 felony.
(24) A controlled substances offense under IC 35-48.
(25) A criminal organization offense under IC 35-45-9.
(26) Domestic battery (IC 35-42-2-1.3).
(27) A felony terrorist offense (as defined in IC 35-50-2-18).
(b) If a child is taken into custody under this chapter for a crime or
act listed in subsection (a) or a situation to which IC 12-26-4-1
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IC 12-26-5-1 applies, the law enforcement agency that employs the law
enforcement officer who takes the child into custody shall notify the
chief administrative officer of the primary or secondary school,
including a public or nonpublic school, in which the child is enrolled
or, if the child is enrolled in a public school, the superintendent of the
school district in which the child is enrolled:
(1) that the child was taken into custody; and
(2) of the reason why the child was taken into custody.
(c) The notification under subsection (b) must occur within
forty-eight (48) hours after the child is taken into custody.
(d) A law enforcement agency may not disclose information that is
confidential under state or federal law to a school or school district
under this section.
(e) A law enforcement agency shall include in its training for law
enforcement officers training concerning the notification requirements
under subsection (b).
SECTION 27. IC 33-23-18 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]:
Chapter 18. Mental Health Referral Program
Sec. 1. The following definitions apply throughout this chapter:
(1) "Assessor" means a physician licensed under IC 25-22.5 or
a psychologist licensed under IC 25-33, if the physician or
psychologist is registered with the division to conduct an
assessment under this chapter.
(2) "Council" means a local or regional justice reinvestment
advisory council established by IC 33-38-9.5-4.
(3) "Crime of violence" has the meaning set forth in
IC 35-50-1-2(a).
(4) "Division" means the division of mental health and
addiction.
(5) "Qualified adult" means an adult whom a referral
program is designed to assist.
(6) "Referral program" means a program established under
section 2 of this chapter designed to provide an adult an
opportunity to receive voluntary community treatment
addressing mental health, and other services as a condition of
pretrial release. The term includes a regional referral
program.
Sec. 2. (a) A council may establish a referral program in the
county served by the council.
(b) A referral program established under this section must
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comply with:
(1) this chapter; and
(2) rules adopted by the division concerning:
(A) educational and occupational requirements for
treatment providers; and
(B) the operation of the program.
(c) Subject to subsection (b), the council shall direct the
operation of the referral program in the county or region served by
the referral program.
(d) The council shall employ, contract with, or appoint one (1)
or more treatment providers.
Sec. 3. If a sheriff, prosecutor, or criminal defense attorney
having contact with an adult who has been:
(1) detained; and
(2) charged with an offense;
has reason to believe that the adult may be a qualified adult, the
sheriff, prosecutor, or defense attorney may file a written petition
with the appropriate court and request that the court select an
assessor to evaluate the adult to determine if the adult is a qualified
adult.
Sec. 4. (a) An assessor selected to evaluate an adult who may be
a qualified adult shall:
(1) conduct an appropriate psychological evaluation of the
adult;
(2) recommend whether the adult would likely benefit from
participation in the referral program; and
(3) explain, in detail, the reason for the recommendation.
The evaluation, recommendation, and explanation shall be
submitted to the court in writing, with the recommendation being
submitted on a sheet separate from the evaluation and explanation.
(b) The evaluation and explanation are confidential. The
recommendation is a public record unless ordered sealed by the
court.
(c) The state may pay the costs of the assessment under
subsection (a).
Sec. 5. (a) After reviewing the evaluation, recommendation, and
explanation, and after determining that the person has not been
charged with or convicted of a crime of violence, the court may set
a hearing under IC 35-33-8-3.2 to determine whether the court
should, as a condition of pretrial release, refer the adult to a
treatment provider for appropriate:
(1) mental health or other treatment; and
HEA 1006 — CC 1 15
(2) ancillary services.
(b) After reviewing the evaluation, recommendation, and
explanation, and after determining that the adult has been charged
with or convicted of a crime of violence but is eligible to receive
mental health treatment, the court may refer the adult to a
treatment provider for appropriate:
(1) mental health or other treatment; and
(2) ancillary services;
in a secure facility operated by the department of correction or
operated or licensed by the division.
(c) A court may only refer a person who has been charged with
or convicted of a crime of violence for treatment in a secure facility
operated by the department of correction or operated or licensed
by the division.
(d) In addition to or instead of referring an adult to a treatment
provider under subsection (a) or (b), a court may order the adult
transported for an immediate medical and psychological
examination.
(e) A treatment provider shall provide the court with one (1) or
more written reports concerning the progress of the referred adult:
(1) at least once every calendar month; or
(2) at an interval determined by the court.
(f) If criminal charges are pending against the qualified adult,
the court may allow the person to participate in the referral
program in accordance with section 6 or 7 of this chapter.
Sec. 6. (a) A person against whom criminal charges are pending
is eligible to participate in the referral program only if the court
finds, following a hearing, that the person meets the following
criteria:
(1) The person is a qualified adult who has been referred to a
treatment provider under section 5 of this chapter.
(2) The court has determined that the person is an
appropriate candidate to participate in the referral program.
(b) Participation in the referral program does not divert, delay,
or otherwise affect the criminal prosecution against the person.
Sec. 7. (a) The division shall adopt rules establishing
requirements and procedures to implement this chapter, including
rules concerning educational and occupational qualifications for
treatment providers.
(b) Rules adopted under this section must require that the
treatment provider be a provider certified by the division and
licensed by the Indiana professional licensing agency to provide
HEA 1006 — CC 1 16
mental health services.
Sec. 8. The division shall ensure that referral programs comply
with this chapter, rules adopted under this chapter, and any
applicable federal regulations. The division may suspend or
terminate a referral program if the division determines that the
program is not compliant.
SECTION 28. IC 33-24-6-3, AS AMENDED BY P.L.178-2022(ts),
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3. (a) The office of judicial administration shall
do the following:
(1) Examine the administrative and business methods and systems
employed in the offices of the clerks of court and other offices
related to and serving the courts and make recommendations for
necessary improvement.
(2) Collect and compile statistical data and other information on
the judicial work of the courts in Indiana. All justices of the
supreme court, judges of the court of appeals, judges of all trial
courts, and any city or town courts, whether having general or
special jurisdiction, court clerks, court reporters, and other
officers and employees of the courts shall, upon notice by the
chief administrative officer and in compliance with procedures
prescribed by the chief administrative officer, furnish the chief
administrative officer the information as is requested concerning
the nature and volume of judicial business. The information must
include the following:
(A) The volume, condition, and type of business conducted by
the courts.
(B) The methods of procedure in the courts.
(C) The work accomplished by the courts.
(D) The receipt and expenditure of public money by and for
the operation of the courts.
(E) The methods of disposition or termination of cases.
(3) Prepare and publish reports, not less than one (1) or more than
two (2) times per year, on the nature and volume of judicial work
performed by the courts as determined by the information
required in subdivision (2).
(4) Serve the judicial nominating commission and the judicial
qualifications commission in the performance by the commissions
of their statutory and constitutional functions.
(5) Administer the civil legal aid fund as required by IC 33-24-12.
(6) Administer the court technology fund established by section
12 of this chapter.
HEA 1006 — CC 1 17
(7) By December 31, 2013, develop and implement a standard
protocol for sending and receiving court data:
(A) between the protective order registry, established by
IC 5-2-9-5.5, and county court case management systems;
(B) at the option of the county prosecuting attorney, for:
(i) a prosecuting attorney's case management system;
(ii) a county court case management system; and
(iii) a county court case management system developed and
operated by the office of judicial administration;
to interface with the electronic traffic tickets, as defined by
IC 9-30-3-2.5; and
(C) between county court case management systems and the
case management system developed and operated by the office
of judicial administration.
The standard protocol developed and implemented under this
subdivision shall permit private sector vendors, including vendors
providing service to a local system and vendors accessing the
system for information, to send and receive court information on
an equitable basis and at an equitable cost, and for a case
management system developed and operated by the office of
judicial administration, must include a searchable field for the
name and bail agent license number, if applicable, of the bail
agent or a person authorized by the surety that pays bail for an
individual as described in IC 35-33-8-3.2.
(8) Establish and administer an electronic system for receiving
information that relates to certain individuals who may be
prohibited from possessing a firearm for the purpose of:
(A) transmitting this information to the Federal Bureau of
Investigation for inclusion in the NICS; and
(B) beginning July 1, 2021, compiling and publishing certain
statistics related to the confiscation and retention of firearms
as described under section 14 of this chapter.
(9) Establish and administer an electronic system for receiving
drug related felony conviction information from courts. The office
of judicial administration shall notify NPLEx of each drug related
felony entered after June 30, 2012, and do the following:
(A) Provide NPLEx with the following information:
(i) The convicted individual's full name.
(ii) The convicted individual's date of birth.
(iii) The convicted individual's driver's license number, state
personal identification number, or other unique number, if
available.
HEA 1006 — CC 1 18
(iv) The date the individual was convicted of the felony.
Upon receipt of the information from the office of judicial
administration, a stop sale alert must be generated through
NPLEx for each individual reported under this clause.
(B) Notify NPLEx if the felony of an individual reported under
clause (A) has been:
(i) set aside;
(ii) reversed;
(iii) expunged; or
(iv) vacated.
Upon receipt of information under this clause, NPLEx shall
remove the stop sale alert issued under clause (A) for the
individual.
(10) After July 1, 2018, establish and administer an electronic
system for receiving from courts felony or misdemeanor
conviction information for each felony or misdemeanor described
in IC 20-28-5-8(c). The office of judicial administration shall
notify the department of education at least one (1) time each week
of each felony or misdemeanor described in IC 20-28-5-8(c)
entered after July 1, 2018, and do the following:
(A) Provide the department of education with the following
information:
(i) The convicted individual's full name.
(ii) The convicted individual's date of birth.
(iii) The convicted individual's driver's license number, state
personal identification number, or other unique number, if
available.
(iv) The date the individual was convicted of the felony or
misdemeanor.
(B) Notify the department of education if the felony or
misdemeanor of an individual reported under clause (A) has
been:
(i) set aside;
(ii) reversed; or
(iii) vacated.
(11) Perform legal and administrative duties for the justices as
determined by the justices.
(12) Provide staff support for the judicial conference of Indiana
established in IC 33-38-9.
(13) Work with the United States Department of Veterans Affairs
to identify and address the needs of veterans in the court system.
(14) If necessary for purposes of IC 35-47-16-1, issue a retired
HEA 1006 — CC 1 19
judicial officer an identification card identifying the retired
judicial officer as a retired judicial officer.
(15) Establish and administer the statewide juvenile justice data
aggregation plan established under section 12.5 of this chapter.
(16) Create and make available an application for detention
to be used in proceedings under IC 12-26-5 (mental health
detention, commitment, and treatment).
(b) All forms to be used in gathering data must be approved by the
supreme court and shall be distributed to all judges and clerks before
the start of each period for which reports are required.
(c) The office of judicial administration may adopt rules to
implement this section.
SECTION 29. IC 34-30-2.1-153.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 153.3. IC 12-26-5-13 (Concerning
certain facilities and individuals related to involuntary
commitment).
SECTION 30. IC 35-33-8-3.2, AS AMENDED BY P.L.147-2022,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3.2. (a) After considering the results of the Indiana
pretrial risk assessment system (if available), other relevant factors, and
bail guidelines described in section 3.8 of this chapter, a court may
admit a defendant to bail and impose any of the following conditions
to assure the defendant's appearance at any stage of the legal
proceedings, or, upon a showing of clear and convincing evidence that
the defendant poses a risk of physical danger to another person or the
community, to assure the public's physical safety:
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;
(B) deposit cash or securities in an amount equal to the bail;
(C) execute a bond secured by real estate in the county, where
thirty-three hundredths (0.33) of the true tax value less
encumbrances is at least equal to the amount of the bail;
(D) post a real estate bond; or
(E) perform any combination of the requirements described in
clauses (A) through (D).
If the court requires the defendant to deposit cash or cash and
another form of security as bail, the court may require the
defendant and each person who makes the deposit on behalf of the
defendant to execute an agreement that allows the court to retain
all or a part of the cash to pay publicly paid costs of
representation and fines, costs, fees, and restitution that the court
HEA 1006 — CC 1 20
may order the defendant to pay if the defendant is convicted.
Before execution of the agreement, the defendant or person who
makes the deposit on behalf of the defendant shall be advised that,
upon conviction of the defendant, the court may retain from the
cash deposited as bail all or a part of the cash to pay publicly paid
costs of representation and fines, costs, fees, and restitution that
the court may order the defendant to pay if the defendant is
convicted. The defendant must also pay the fee required by
subsection (d).
(2) Require the defendant to execute:
(A) a bail bond by depositing cash or securities with the clerk
of the court in an amount not less than ten percent (10%) of
the bail; and
(B) an agreement that allows the court to retain all or a part of
the cash or securities to pay fines, costs, fees, and restitution
that the court may order the defendant to pay if the defendant
is convicted.
A portion of the deposit, not to exceed ten percent (10%) of the
monetary value of the deposit or fifty dollars ($50), whichever is
the lesser amount, may be retained as an administrative fee. The
clerk shall also retain from the deposit under this subdivision
fines, costs, fees, and restitution as ordered by the court, publicly
paid costs of representation that shall be disposed of in
accordance with subsection (b), and the fee required by
subsection (d). In the event of the posting of a real estate bond,
the bond shall be used only to insure the presence of the
defendant at any stage of the legal proceedings, but shall not be
foreclosed for the payment of fines, costs, fees, or restitution. The
individual posting bail for the defendant or the defendant
admitted to bail under this subdivision must be notified by the
sheriff, court, or clerk that the defendant's deposit may be
forfeited under section 7 of this chapter or retained under
subsection (b).
(3) Impose reasonable restrictions on the activities, movements,
associations, and residence of the defendant during the period of
release.
(4) Except as provided in section 3.6 of this chapter, require the
defendant to refrain from any direct or indirect contact with an
individual and, if the defendant has been charged with an offense
under IC 35-46-3, any animal belonging to the individual,
including if the defendant has not been released from lawful
detention.
HEA 1006 — CC 1 21
(5) Place the defendant under the reasonable supervision of a
probation officer, pretrial services agency, or other appropriate
public official. If the court places the defendant under the
supervision of a probation officer or pretrial services agency, the
court shall determine whether the defendant must pay the pretrial
services fee under section 3.3 of this chapter.
(6) Release the defendant into the care of a qualified person or
organization responsible for supervising the defendant and
assisting the defendant in appearing in court. The supervisor shall
maintain reasonable contact with the defendant in order to assist
the defendant in making arrangements to appear in court and,
where appropriate, shall accompany the defendant to court. The
supervisor need not be financially responsible for the defendant.
(7) Release the defendant on personal recognizance unless:
(A) the state presents evidence relevant to a risk by the
defendant:
(i) of nonappearance; or
(ii) to the physical safety of the public; and
(B) the court finds by a preponderance of the evidence that the
risk exists.
(8) Require a defendant charged with an offense under IC 35-46-3
to refrain from owning, harboring, or training an animal.
(9) Require a defendant to participate in a mental health
referral program under IC 33-23-18.
(9) (10) Impose any other reasonable restrictions designed to
assure the defendant's presence in court or the physical safety of
another person or the community.
(b) Within thirty (30) days after disposition of the charges against
the defendant, the court that admitted the defendant to bail shall order
the clerk to remit the amount of the deposit remaining under subsection
(a)(2) to the person who made the deposit. The portion of the deposit
that is not remitted to the person who made the deposit shall be
deposited by the clerk in the supplemental public defender services
fund established under IC 33-40-3.
(c) For purposes of subsection (b), "disposition" occurs when the
indictment or information is dismissed or the defendant is acquitted or
convicted of the charges.
(d) Except as provided in subsection (e), the clerk of the court shall:
(1) collect a fee of five dollars ($5) from each bond or deposit
required under subsection (a)(1); and
(2) retain a fee of five dollars ($5) from each deposit under
subsection (a)(2).
HEA 1006 — CC 1 22
The clerk of the court shall semiannually remit the fees collected under
this subsection to the board of trustees of the Indiana public retirement
system for deposit in the special death benefit fund. The fee required
by subdivision (2) is in addition to the administrative fee retained under
subsection (a)(2).
(e) With the approval of the clerk of the court, the county sheriff
may collect the bail posted under this section. The county sheriff shall
remit the bail to the clerk of the court by the following business day
and remit monthly the five dollar ($5) special death benefit fee to the
county auditor.
(f) When a court imposes a condition of bail described in subsection
(a)(4):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the office of judicial administration
with the clerk.
(g) The clerk of the court shall record the name, address, and bail
agent license number, if applicable, of the bail agent or a person
authorized by the surety posting bail for the defendant in the county
court electronic case management system.
HEA 1006 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1006 — CC 1