Bill Text: IN SB0395 | 2010 | Regular Session | Introduced
Bill Title: Civil commitment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-14 - First reading: referred to Committee on Judiciary [SB0395 Detail]
Download: Indiana-2010-SB0395-Introduced.html
Citations Affected: IC 12-26-4; IC 12-26-4.1.
Synopsis: Civil commitment. Establishes a procedure to civilly
commit for up to 24 hours an individual who is mentally ill and
dangerous. Repeals the current law concerning the immediate detention
of individuals who are mentally ill and dangerous. Makes conforming
amendments.
Effective: July 1, 2010.
January 14, 2010, read first time and referred to Committee on Judiciary.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
(1)
(2) IC 12-26-5 (emergency detention).
(3) IC 12-26-6 (temporary commitment).
(4) IC 12-26-7 (regular commitment).
(1)
(2) IC 12-26-11.
(3) 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.
Chapter 4.1. Immediate Detention
Sec. 1. Any person having reasonable grounds to believe that an individual:
(1) has a mental illness; and
(2) presents a danger to the individual or to another person;
may seek to have the individual committed to an appropriate facility for not more than twenty-four (24) hours. An individual may not be committed to a state institution under this chapter.
Sec. 2. (a) A person may seek to have an individual committed to an appropriate facility under this chapter by filing an affidavit with a circuit or superior court having jurisdiction in the county where the individual is located. In the affidavit, the person shall briefly set forth specific facts demonstrating that the individual:
(1) has a mental illness; and
(2) presents a danger to the individual or to another person.
(b) If an emergency or other circumstance makes the filing of an affidavit described in subsection (a) impracticable, a person may seek to have an individual committed to an appropriate facility under this chapter by providing a circuit or superior court having jurisdiction in the county where the individual is located with sworn testimony of the same facts required for an affidavit:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone or radio; or
(3) in writing by facsimile transmission (fax).
Sec. 3. (a) If the court finds that the facts presented in an affidavit or sworn testimony described in section 2 of this chapter establish by a preponderance of the evidence that the individual:
(1) has a mental illness; and
(2) presents a danger to the individual or to another person;
the court may order the individual committed to an appropriate facility for not more than twenty-four (24) hours. The court may not order the individual committed to a state institution.
(b) If the court orders the individual committed under subsection (a), the court shall issue an order to a law enforcement agency requiring the agency to bring the individual to the facility.
Sec. 4. The superintendent of the facility or a physician may
furnish emergency treatment necessary to preserve the health and
safety of the individual detained.
Sec. 5. Except as provided in section 6 of this chapter, an
individual may not be detained under this chapter for more than
twenty-four (24) hours from the time of admission to the facility.
Sec. 6. If the superintendent or the attending physician believes
the individual should be detained for more than twenty-four (24)
hours from time of admission to the facility, the superintendent or
the physician must have an application filed for emergency
detention under IC 12-26-5 immediately upon the earlier of the
following:
(1) A judge becomes available.
(2) Within seventy-two (72) hours after the individual is
admitted to the facility.
Sec. 7. An individual detained under this chapter shall be
discharged if either the attending physician or superintendent
believes detention is no longer necessary.
Sec. 8. A period of detention under this chapter is in addition to
a period of detention under IC 12-26-5.
(1) immediate detention under
(2) emergency detention under IC 12-26-5;
for the purpose of having the carrier 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 carrier's communicable disease status. Communications under this subsection do not constitute a breach of confidentiality.
(b) If the written report required under IC 12-26-5-5 states there is
probable cause to believe the carrier 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 required under IC 12-26-5-5 states there is
not probable cause to believe the carrier is mentally ill and either
dangerous or gravely disabled and requires continuing care and
treatment, the carrier shall be referred to the designated health official
who may take action under this article.
