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SENATE BILL No. 176

Citations Affected: IC 12-26.

Synopsis: Immediate detention orders. Permits a court to order an individual to be transported to an appropriate facility for a preliminary medical and psychological evaluation if the court has reasonable grounds to believe that the individual has a mental illness, is dangerous, and is in immediate need of hospitalization and treatment. Specifies that the individual may not be transported to a state institution. Provides that the costs of transportation and care must be paid by the county if there were not reasonable grounds to believe that the individual had a mental illness and was dangerous.

Effective: July 1, 2012.

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Young R Michael, Bray, Lanane, Randolph
(HOUSE SPONSOR _ FOLEY)

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    January 4, 2012, read first time and referred to Committee on Judiciary.
    January 12, 2012, reported favorably _ Do Pass.
    January 17, 2012, read second time, amended, ordered engrossed.
    January 18, 2012, engrossed.
    January 23, 2012, read third time, passed. Yeas 50, nays 0.

    January 31, 2012, read first time and referred to Committee on Judiciary.
    February 21, 2012, reported _ Do Pass.

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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 2011 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

SOURCE: IC 12-26-4-1.5; (12)ES0176.1.1. -->     SECTION 1. IC 12-26-4-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1.5. If a court has reasonable grounds to believe that an individual:
        (1) has a mental illness;
        (2) is dangerous; and
        (3) is in immediate need of hospitalization and treatment;
the court may order a law enforcement officer to transport the individual to the nearest appropriate facility for a preliminary medical and psychological evaluation. The individual may not be transported to a state institution.

SOURCE: IC 12-26-4-9; (12)ES0176.1.2. -->     SECTION 2. IC 12-26-4-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. If it is determined that there were not reasonable grounds to believe that an individual had a mental illness and was dangerous when taken into custody and transported to a facility to be detained under section 1.5 of this chapter, the costs of

transportation to the facility and care and maintenance in the facility during the period of detention shall be paid by the county in which the individual was taken into custody.