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Indiana statute

Ind. Code § 35-36-3-4 — Inability to attain comprehension to stand trial; commitment proceedings

Current through 2026 Regular Session

Part of Chapter 3: Comprehension to Stand Trial, Indiana Code.

Full text of Ind. Code § 35-36-3-4

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-36-3-4Primary source, current through the 2026 Regular Session
Sec. 4. If a defendant who was found under section 3 of this chapter to have had a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense: (1) has not attained that ability within six (6) months after the date of the: (A) defendant's admission to a state institution (as defined in IC 12-7-2.1-318 ); or (B) initiation of competency restoration services by a third party contractor; or (2) has not had the criminal charges dismissed under section 3(b) of this chapter; the state institution (as defined in IC 12-7-2.1-318 ) or the third party contractor, if the division of mental health and addiction has entered into a contract for the provision of competency restoration services by a third party, shall institute regular commitment proceedings under IC 12-26 .

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