*EH1238.1*
February 23, 2024
ENGROSSED
HOUSE BILL No. 1238
_____
DIGEST OF HB 1238 (Updated February 20, 2024 1:22 pm - DI 106)
Citations Affected: IC 12-21; IC 12-23; IC 35-36.
Synopsis: Competency evaluation. Requires the division of mental
health and addiction to establish a training program to certify a
competency evaluator to assist a court in determining competency.
Provides that certain licensed individuals may examine a defendant and
testify as to whether the defendant can understand the criminal
proceedings and assist in the preparation of the defendant's defense.
Allows a court to dismiss criminal charges, without prejudice if the
defendant has a certain diagnosis and the defendant is charged with a
misdemeanor or Level 6 felony. Makes conforming changes.
Effective: July 1, 2024.
McNamara, Meltzer, Steuerwald,
Gore
(SENATE SPONSORS — BROWN L, MESSMER, CRIDER)
January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
January 25, 2024, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
January 30, 2024, amended, reported — Do Pass.
February 1, 2024, read second time, ordered engrossed. Engrossed.
February 5, 2024, read third time, passed. Yeas 97, nays 0.
SENATE ACTION
February 12, 2024, read first time and referred to Committee on Corrections and Criminal
Law.
February 22, 2024, amended, reported favorably — Do Pass.
EH 1238—LS 6970/DI 151 February 23, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1238
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-21-5-1.5, AS AMENDED BY P.L.162-2023,
2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 1.5. (a) The division shall do the following:
4 (1) Adopt rules under IC 4-22-2 to establish and maintain criteria
5 to determine patient eligibility and priority for publicly supported
6 mental health and addiction services. The rules must include
7 criteria for patient eligibility and priority based on the following:
8 (A) A patient's income.
9 (B) A patient's level of daily functioning.
10 (C) A patient's prognosis.
11 (2) Within the limits of appropriated funds, contract with a
12 network of providers to provide services in an appropriate setting
13 that is the least restrictive to individuals who qualify for the
14 services.
15 (3) Require the providers of services funded directly by the
16 division to be in good standing with an appropriate accrediting
17 body as required by rules adopted under IC 4-22-2 by the
EH 1238—LS 6970/DI 151 2
1 division.
2 (4) Develop a provider profile that must be used to evaluate the
3 performance of a provider. A provider's profile must include input
4 from consumers, citizens, and representatives of the mental health
5 ombudsman program (IC 12-27-9) regarding the provider's:
6 (A) information provided to the patient on patient rights before
7 treatment;
8 (B) accessibility, acceptability, and continuity of services
9 provided or requested; and
10 (C) total cost of care per individual, using state administered
11 funds.
12 (5) Ensure compliance with all other performance criteria set
13 forth in a provider contract. In addition to the requirements set
14 forth in IC 12-21-2-7, a provider contract must include the
15 following:
16 (A) A requirement that the standards and criteria used in the
17 evaluation of care plans be available and accessible to the
18 patient.
19 (B) A requirement that the provider involve the patient in the
20 choice of and preparation of the treatment plan to the greatest
21 extent feasible.
22 (C) A provision encouraging the provider to intervene in a
23 patient's situation as early as possible, balancing the patient's
24 right to liberty with the need for treatment.
25 (D) A requirement that the provider set up and implement an
26 internal appeal process for the patient.
27 (6) Establish a toll free telephone number that operates during
28 normal business hours for individuals to make comments to the
29 division in a confidential manner regarding services or service
30 providers.
31 (7) Develop a confidential system to evaluate complaints and
32 patient appeals received by the division of mental health and
33 addiction and to take appropriate action regarding the results of
34 an investigation. A provider is entitled to request and to have a
35 hearing before information derived from the investigation is
36 incorporated into the provider's profile. Information contained
37 within the provider profile is subject to inspection and copying
38 under IC 5-14-3-3.
39 (8) Ensure that providers of services of residential care and
40 supported housing for chronic addiction, when used as a recovery
41 residence that receives reimbursement from the office, acquire
42 and maintain the certification required in IC 12-21-2-3(14).
EH 1238—LS 6970/DI 151 3
1 (9) Establish and maintain a help line:
2 (A) to provide confidential emotional support and referrals to
3 behavioral health resources to individuals who call the help
4 line; and
5 (B) that is accessible by calling a toll free telephone number.
6 (10) In consultation with the medical licensing board, a
7 forensic psychiatrist, and a forensic psychologist holding a
8 doctorate, establish a training program to certify:
9 (A) an advanced practice registered nurse with a
10 certification as a psychiatric mental health nurse
11 practitioner; or
12 (B) a physician assistant who specializes in psychiatry or
13 mental health;
14 as a competency evaluator who may assist a criminal or
15 juvenile court in determining competency to stand trial or
16 appear at a juvenile adjudication. The training program must
17 consist of at least forty (40) hours of instruction. The division
18 may adopt rules under IC 4-22-2 to implement this
19 subdivision.
20 (b) The division may adopt rules under IC 4-22-2 to establish
21 standards for residential care and supported housing for chronic
22 addiction when used as a recovery residence.
23 SECTION 2. IC 12-23-19-2, AS AMENDED BY P.L.114-2022,
24 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 2. (a) An individual is eligible for mental health
26 and addiction forensic treatment services if:
27 (1) subject to subsection (d), the individual:
28 (A) is a member of a household with an annual income that
29 does not exceed two hundred percent (200%) of the federal
30 income poverty level;
31 (B) is a resident of Indiana;
32 (C) is:
33 (i) at least eighteen (18) years of age; or
34 (ii) subject to the approval of the Indiana commission to
35 combat substance use disorder, less than eighteen (18) years
36 of age and the individual is a defendant whose case is either
37 waived from juvenile court to adult court or directly filed in
38 adult court; and
39 (D) has entered the criminal justice system as a felon or with
40 a prior felony conviction or is ordered to be committed for
41 competency restoration services as described in
42 IC 35-36-3-1(b); IC 35-36-3-1(f); and
EH 1238—LS 6970/DI 151 4
1 (2) subject to subsection (b), reimbursement for the service is not
2 available to the individual through any of the following:
3 (A) A policy of accident and sickness insurance (IC 27-8-5).
4 (B) A health maintenance organization contract (IC 27-13).
5 (C) The Medicaid program (IC 12-15), excluding the Medicaid
6 rehabilitation program and the Behavioral and Primary Health
7 Coordination Program under Section 1915(i) of the Social
8 Security Act.
9 (D) The federal Medicare program or any other federal
10 assistance program.
11 (b) If an individual is not entitled to reimbursement from the sources
12 described in subsection (a)(2) of the full amount of the cost of the
13 mental health and addiction forensic treatment services, grants and
14 vouchers under this chapter may be used to provide those services to
15 the extent that the costs of those services exceed the reimbursement the
16 individual is entitled to receive from the sources described in
17 subsection (a)(2), excluding any copayment or deductible that the
18 individual is required to pay.
19 (c) The division shall determine the extent to which an individual
20 who is provided mental health and addiction forensic treatment
21 services under this chapter is entitled to receive reimbursement from
22 the sources described in subsection (a)(2).
23 (d) Notwithstanding subsection (a)(1)(D), subject to available
24 funding and on the recommendation of the justice reinvestment
25 advisory council (established by IC 33-38-9.5-2), the division may
26 operate a pilot program applying the eligibility criteria in this section
27 to individuals who are charged with a misdemeanor. If the division
28 operates a pilot program under this subsection, the division shall issue
29 annual reports to the justice reinvestment advisory council.
30 SECTION 3. IC 35-36-3-1, AS AMENDED BY P.L.74-2022,
31 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 1. (a) If at any time before the final submission of
33 any criminal case to the court or the jury trying the case, the court has
34 reasonable grounds for believing that the defendant lacks the ability to
35 understand the proceedings and assist in the preparation of a defense,
36 the court shall immediately fix a time for a hearing to determine
37 whether the defendant has that ability.
38 (b) This subsection applies to a defendant charged with murder
39 or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony. When a
40 court sets a hearing under subsection (a), the court shall appoint
41 two (2) or three (3) individuals to determine the defendant's
42 competency. Each of the appointed individuals must be a
EH 1238—LS 6970/DI 151 5
1 psychiatrist, or a psychologist endorsed by the Indiana state board
2 of examiners in psychology as a health service provider in
3 psychology.
4 An individual appointed under this subsection must be competent
5 and disinterested.
6 (c) This subsection applies to a defendant charged with a
7 misdemeanor or a Level 6 felony. When a court sets a hearing
8 under subsection (a), the court shall appoint two (2) or three (3)
9 competent, disinterested: one (1) individual who:
10 (1) psychiatrists;
11 (1) is a:
12 (A) psychiatrist; or
13 (2) psychologists (B) psychologist endorsed by the Indiana
14 state board of examiners in psychology as a health service
15 providers provider in psychology; or
16 (3) physicians;
17 (2) is competent and disinterested; and
18 (3) has expertise in determining competency.
19 who have expertise in determining competency.
20 (d) In addition to the psychiatrist or psychologist appointed
21 under subsection (c), the court may appoint not more than two (2)
22 additional individuals to assist the court in determining
23 competency. Upon request of either party, the court shall appoint
24 at least one (1), but not more than two (2), additional individuals
25 to assist the court in determining competency. An individual
26 appointed under this subsection may be an individual:
27 (1) described in subsection (c); or
28 (2) who is competent and disinterested, has expertise in
29 determining competency, and is:
30 (A) licensed:
31 (i) under IC 25-23 as an advanced practice registered
32 nurse (APRN) with a certification as a psychiatric
33 mental health nurse practitioner;
34 (ii) under IC 25-27.5 as a physician assistant who
35 specializes in psychiatry or mental health; or
36 (iii) under IC 25-22.5 as a physician who specializes in
37 psychiatry or mental health; and
38 (B) certified by the division of mental health and addiction
39 as a competency evaluator.
40 (e) At least one (1) of the individuals appointed under this
41 subsection must be a psychiatrist or psychologist. However, none An
42 individual appointed under this section may not be an employee or
EH 1238—LS 6970/DI 151 6
1 a contractor of a state institution (as defined in IC 12-7-2-184). The
2 individuals who are appointed shall examine the defendant and testify
3 at the hearing as to whether the defendant can understand the
4 proceedings and assist in the preparation of the defendant's defense.
5 (b) (f) At the hearing, other evidence relevant to whether the
6 defendant has the ability to understand the proceedings and assist in the
7 preparation of the defendant's defense may be introduced. If the court
8 finds that the defendant has the ability to understand the proceedings
9 and assist in the preparation of the defendant's defense, the trial shall
10 proceed. If the court finds that the defendant lacks this ability, it shall
11 delay or continue the trial and order the defendant committed to the
12 division of mental health and addiction. The division of mental health
13 and addiction shall provide competency restoration services or enter
14 into a contract for the provision of competency restoration services by
15 a third party in the:
16 (1) location where the defendant currently resides; or
17 (2) least restrictive setting appropriate to the needs of the
18 defendant and the safety of the defendant and others.
19 However, if the defendant is serving an unrelated executed sentence in
20 the department of correction at the time the defendant is committed to
21 the division of mental health and addiction under this section, the
22 division of mental health and addiction shall provide competency
23 restoration services or enter into a contract for the provision of
24 competency restoration services by a third party at a department of
25 correction facility agreed upon by the division of mental health and
26 addiction or the third party contractor and the department of correction.
27 A contract entered into with a third party under this subsection may
28 confer to the third party all authority the division would have in
29 providing competency restoration services to the defendant at a state
30 institution (as defined in IC 12-7-2-184).
31 (c) (g) If the court makes a finding under subsection (b), (f), the
32 court shall transmit any information required by the office of judicial
33 administration to the office of judicial administration for transmission
34 to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
35 IC 33-24-6-3.
36 SECTION 4. IC 35-36-3-3 IS AMENDED TO READ AS
37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Within ninety
38 (90) days after:
39 (1) a defendant's admission to a state institution (as defined in
40 IC 12-7-2-184); or
41 (2) the initiation of competency restoration services to a defendant
42 by a third party contractor;
EH 1238—LS 6970/DI 151 7
1 the superintendent of the state institution (as defined in IC 12-7-2-184)
2 or the director or medical director of the third party contractor, if the
3 division of mental health and addiction has entered into a contract for
4 the provision of competency restoration services by a third party, shall
5 certify to the proper court whether the defendant has a substantial
6 probability of attaining the ability to understand the proceedings and
7 assist in the preparation of the defendant's defense within the
8 foreseeable future.
9 (b) If a party files a motion to dismiss, the court may dismiss the
10 charges against the defendant without prejudice if the:
11 (1) defendant has been diagnosed with:
12 (A) dementia;
13 (B) Alzheimer's disease; or
14 (C) a traumatic brain injury;
15 (2) defendant's diagnosis substantially impacts the
16 defendant's ability to understand the proceedings and assist
17 in the preparation of the defendant's defense within the
18 foreseeable future; and
19 (3) defendant is charged with a misdemeanor or a Level 6
20 felony.
21 (b) (c) If a defendant's charges are not dismissed under
22 subsection (b) and a substantial probability does not exist, the state
23 institution (as defined in IC 12-7-2-184) or the third party contractor
24 shall initiate regular commitment proceedings under IC 12-26. If a
25 substantial probability does exist, the state institution (as defined in
26 IC 12-7-2-184) or third party contractor shall retain the defendant:
27 (1) until the defendant attains the ability to understand the
28 proceedings and assist in the preparation of the defendant's
29 defense and is returned to the proper court for trial; or
30 (2) for six (6) months from the date of the:
31 (A) defendant's admission to a state institution (as defined in
32 IC 12-7-2-184); or
33 (B) initiation of competency restoration services by a third
34 party contractor;
35 whichever first occurs.
36 SECTION 5. IC 35-36-3-4 IS AMENDED TO READ AS
37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. If a defendant who
38 was found under section 3 of this chapter to have had a substantial
39 probability of attaining the ability to understand the proceedings and
40 assist in the preparation of the defendant's defense:
41 (1) has not attained that ability within six (6) months after the date
42 of the:
EH 1238—LS 6970/DI 151 8
1 (1) (A) defendant's admission to a state institution (as defined
2 in IC 12-7-2-184); or
3 (2) (B) initiation of competency restoration services by a third
4 party contractor; or
5 (2) has not had the criminal charges dismissed under section
6 3(b) of this chapter;
7 the state institution (as defined in IC 12-7-2-184) or the third party
8 contractor, if the division of mental health and addiction has entered
9 into a contract for the provision of competency restoration services by
10 a third party, shall institute regular commitment proceedings under
11 IC 12-26.
EH 1238—LS 6970/DI 151 9
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred House Bill 1238, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 12-21-5-1.5, AS AMENDED BY P.L.162-2023,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1.5. (a) The division shall do the following:
(1) Adopt rules under IC 4-22-2 to establish and maintain criteria
to determine patient eligibility and priority for publicly supported
mental health and addiction services. The rules must include
criteria for patient eligibility and priority based on the following:
(A) A patient's income.
(B) A patient's level of daily functioning.
(C) A patient's prognosis.
(2) Within the limits of appropriated funds, contract with a
network of providers to provide services in an appropriate setting
that is the least restrictive to individuals who qualify for the
services.
(3) Require the providers of services funded directly by the
division to be in good standing with an appropriate accrediting
body as required by rules adopted under IC 4-22-2 by the
division.
(4) Develop a provider profile that must be used to evaluate the
performance of a provider. A provider's profile must include input
from consumers, citizens, and representatives of the mental health
ombudsman program (IC 12-27-9) regarding the provider's:
(A) information provided to the patient on patient rights before
treatment;
(B) accessibility, acceptability, and continuity of services
provided or requested; and
(C) total cost of care per individual, using state administered
funds.
(5) Ensure compliance with all other performance criteria set
forth in a provider contract. In addition to the requirements set
forth in IC 12-21-2-7, a provider contract must include the
following:
(A) A requirement that the standards and criteria used in the
evaluation of care plans be available and accessible to the
EH 1238—LS 6970/DI 151 10
patient.
(B) A requirement that the provider involve the patient in the
choice of and preparation of the treatment plan to the greatest
extent feasible.
(C) A provision encouraging the provider to intervene in a
patient's situation as early as possible, balancing the patient's
right to liberty with the need for treatment.
(D) A requirement that the provider set up and implement an
internal appeal process for the patient.
(6) Establish a toll free telephone number that operates during
normal business hours for individuals to make comments to the
division in a confidential manner regarding services or service
providers.
(7) Develop a confidential system to evaluate complaints and
patient appeals received by the division of mental health and
addiction and to take appropriate action regarding the results of
an investigation. A provider is entitled to request and to have a
hearing before information derived from the investigation is
incorporated into the provider's profile. Information contained
within the provider profile is subject to inspection and copying
under IC 5-14-3-3.
(8) Ensure that providers of services of residential care and
supported housing for chronic addiction, when used as a recovery
residence that receives reimbursement from the office, acquire
and maintain the certification required in IC 12-21-2-3(14).
(9) Establish and maintain a help line:
(A) to provide confidential emotional support and referrals to
behavioral health resources to individuals who call the help
line; and
(B) that is accessible by calling a toll free telephone number.
(10) In consultation with:
(A) the medical licensing board;
(B) a forensic psychiatrist or a psychologist holding a
doctorate; or
(C) both the medical licensing board and a forensic
psychiatrist or a psychologist holding a doctorate;
establish a training program to certify a competency
evaluator who may assist a criminal or juvenile court in
determining competency to stand trial or appear at a juvenile
adjudication. The training program must consist of at least
forty (40) hours of instruction.
(b) The division may adopt rules under IC 4-22-2 to establish
EH 1238—LS 6970/DI 151 11
standards for residential care and supported housing for chronic
addiction when used as a recovery residence.".
Page 2, line 3, delete "IC 35-36-3-1(e);" and insert
"IC 35-36-3-1(f);".
Page 2, delete lines 33 through 42, begin a new paragraph and
insert:
"SECTION 3. IC 35-36-3-1, AS AMENDED BY P.L.74-2022,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. (a) If at any time before the final submission of
any criminal case to the court or the jury trying the case, the court has
reasonable grounds for believing that the defendant lacks the ability to
understand the proceedings and assist in the preparation of a defense,
the court shall immediately fix a time for a hearing to determine
whether the defendant has that ability.
(b) This subsection applies to a defendant charged with murder
or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony. When a
court sets a hearing under subsection (a), the court shall appoint
two (2) or three (3) individuals to determine the defendant's
competency. One (1) of the appointed individuals must be a
psychiatrist, or a psychologist endorsed by the Indiana state board
of examiners in psychology as a health service provider in
psychology. The remaining one (1) or two (2) individuals may be:
(1) a psychiatrist;
(2) a psychologist endorsed by the Indiana state board of
examiners in psychology as a health service provider in
psychology; or
(3) an individual:
(A) licensed:
(i) under IC 25-23 as an advanced practice registered
nurse (APRN) with a certification as a psychiatric
mental health nurse practitioner;
(ii) under IC 25-27.5 as a physician assistant who
specializes in psychiatry or mental health; or
(iii) under IC 25-22.5 as a physician who specializes in
psychiatry or mental health; and
(B) certified by the division of mental health and addiction
as a competency evaluator.
An individual appointed under this subsection must be competent
and disinterested.
(c) This subsection applies to a defendant charged with a
misdemeanor or a Level 6 felony. When a court sets a hearing
under subsection (a), the court shall appoint two (2) or three (3)
EH 1238—LS 6970/DI 151 12
competent, disinterested: one (1) individual who:
(1) psychiatrists;
(1) is a:
(A) psychiatrist; or
(2) psychologists (B) psychologist endorsed by the Indiana
state board of examiners in psychology as a health service
providers provider in psychology; or
(3) physicians;
(2) is competent and disinterested; and
(3) has expertise in determining competency.
who have expertise in determining competency.
(d) In addition to the psychiatrist or psychologist appointed
under subsection (c), the court may appoint not more than two (2)
additional individuals to assist the court in determining
competency. Upon request of either party, the court shall appoint
at least one (1), but not more than two (2), additional individuals
to assist the court in determining competency. An individual
appointed under this subsection may be an individual:
(1) described in subsection (c); or
(2) who is competent and disinterested, has expertise in
determining competency, and is:
(A) licensed:
(i) under IC 25-23 as an advanced practice registered
nurse (APRN) with a certification as a psychiatric
mental health nurse practitioner;
(ii) under IC 25-27.5 as a physician assistant who
specializes in psychiatry or mental health; or
(iii) under IC 25-22.5 as a physician who specializes in
psychiatry or mental health; and
(B) certified by the division of mental health and addiction
as a competency evaluator.
(e) At least one (1) of the individuals appointed under this
subsection must be a psychiatrist or psychologist. However, none An
individual appointed under this section may not be an employee or
a contractor of a state institution (as defined in IC 12-7-2-184). The
individuals who are appointed shall examine the defendant and testify
at the hearing as to whether the defendant can understand the
proceedings and assist in the preparation of the defendant's defense.
(b) (f) At the hearing, other evidence relevant to whether the
defendant has the ability to understand the proceedings and assist in the
preparation of the defendant's defense may be introduced. If the court
finds that the defendant has the ability to understand the proceedings
EH 1238—LS 6970/DI 151 13
and assist in the preparation of the defendant's defense, the trial shall
proceed. If the court finds that the defendant lacks this ability, it shall
delay or continue the trial and order the defendant committed to the
division of mental health and addiction. The division of mental health
and addiction shall provide competency restoration services or enter
into a contract for the provision of competency restoration services by
a third party in the:
(1) location where the defendant currently resides; or
(2) least restrictive setting appropriate to the needs of the
defendant and the safety of the defendant and others.
However, if the defendant is serving an unrelated executed sentence in
the department of correction at the time the defendant is committed to
the division of mental health and addiction under this section, the
division of mental health and addiction shall provide competency
restoration services or enter into a contract for the provision of
competency restoration services by a third party at a department of
correction facility agreed upon by the division of mental health and
addiction or the third party contractor and the department of correction.
A contract entered into with a third party under this subsection may
confer to the third party all authority the division would have in
providing competency restoration services to the defendant at a state
institution (as defined in IC 12-7-2-184).
(c) (g) If the court makes a finding under subsection (b), (f), the
court shall transmit any information required by the office of judicial
administration to the office of judicial administration for transmission
to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
IC 33-24-6-3.".
Delete page 3.
Page 4, delete lines 1 through 24.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1238 as introduced.)
MCNAMARA
Committee Vote: yeas 12, nays 0.
EH 1238—LS 6970/DI 151 14
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred House Bill 1238, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 3, line 8, delete "a psychologist" and insert "a forensic
psychologist".
Page 3, line 11, delete "a psychologist" and insert "a forensic
psychologist".
Page 4, line 39, delete "One (1)" and insert "Each".
Page 4, line 42, delete "The remaining one (1) or two (2) individuals
may be:".
Page 5, delete lines 1 through 15.
and when so amended that said bill do pass.
(Reference is to HB 1238 as printed January 25, 2024.)
THOMPSON
Committee Vote: yeas 20, nays 0.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Corrections and
Criminal Law, to which was referred House Bill No. 1238, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 3, delete lines 6 through 16, begin a new line block indented
and insert:
"(10) In consultation with the medical licensing board, a
forensic psychiatrist, and a forensic psychologist holding a
doctorate, establish a training program to certify:
(A) an advanced practice registered nurse with a
certification as a psychiatric mental health nurse
practitioner; or
(B) a physician assistant who specializes in psychiatry or
mental health;
as a competency evaluator who may assist a criminal or
juvenile court in determining competency to stand trial or
EH 1238—LS 6970/DI 151 15
appear at a juvenile adjudication. The training program must
consist of at least forty (40) hours of instruction. The division
may adopt rules under IC 4-22-2 to implement this
subdivision.".
and when so amended that said bill do pass.
(Reference is to HB 1238 as printed January 30, 2024.)
FREEMAN, Chairperson
Committee Vote: Yeas 7, Nays 1.
EH 1238—LS 6970/DI 151