HB 1300-1_ Filed 03/03/2004, 16:43
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1300
Citations Affected: IC 12-26-15-1; IC 35-36-2-2; IC 35-36-2-4; IC 35-36-3.
Synopsis: Insanity defense. Conference committee report for EHB 1300. Requires the
superintendent of certain facilities or an attending physician to file periodic reports with the court
concerning a committed individual who was found not responsible for a crime by reason of
insanity and is committed to a mental health facility, and to notify the court and certain individuals
as soon as practicable if the committed individual escapes, and at least 10 days before the
committed individual is: (1) transferred; (2) discharged; or (3) allowed outside the facility without
supervision. Provides that a defendant who interposes a defense of insanity may not introduce
evidence from a medical witness with whom the defendant cooperated unless: (1) after being
ordered to do so by the court, the defendant cooperates with medical witnesses appointed by the
court; or (2) the defendant shows by a preponderance of the evidence that the defendant's failure
to cooperate with medical witnesses appointed by the court was caused by the defendant's mental
illness. Provides for the provision of competency restoration services by the division of mental
health and addiction or by a third party. (This conference committee report removes language
requiring notice to be given to a prosecuting attorney or another person designated by the
court when a defendant who was found not responsible for a crime by reason of insanity:
(1) is allowed outside the facility while not restrained and in custody; (2) is given a new
security classification; (3) is transferred to another facility; (4) is discharged; or (5)
escapes.)
Effective: July 1, 2004.
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Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1300 respectfully
reports that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 12-26-7-2; (04)CC130001.1. -->
SECTION 1. IC 12-26-7-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 2. (a) This section does not apply
to the commitment of an individual if the individual has previously been
committed under IC 12-26-6.
(b) A proceeding for the commitment of an individual who appears
to be suffering from a chronic mental illness may be begun by filing
with a court having jurisdiction a written petition by any of the
following:
(1) A health officer.
(2) A police officer.
(3) A friend of the individual.
(4) A relative of the individual.
(5) The spouse of the individual.
(6) A guardian of the individual.
(7) The superintendent of a facility where the individual is present.
(8) A prosecuting attorney in accordance with IC 35-36-2-4.
(9) A prosecuting attorney or the attorney for a county office if
civil commitment proceedings are initiated under IC 31-34-19-3 or
IC 31-37-18-3.
(10) A third party that contracts with the division of mental
health and addiction to provide competency restoration
services to a defendant under IC 35-36-3-3 or IC 35-36-3-4.
SOURCE: IC 12-26-15-1; (04)CC130001.2. -->
SECTION 2. IC 12-26-15-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. (a) At least annually,
and more often if directed by the court, the superintendent of the
facility or the attending physician including the superintendent or
attending physician of an outpatient therapy program, shall file with the
court a review of the individual's care and treatment. The review must
contain a statement of the following:
(1) The mental condition of the individual.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual:
(A) needs to remain in the facility; or
(B) may be cared for under a guardianship.
(b) If the court has entered an order under IC 12-26-12-1, the
superintendent or the attending physician shall give notice of the review
to the petitioner in the individual's commitment proceeding and other
persons that were designated by the court under IC 12-26-12-1
or as
provided in this section.
(c) If an individual has been committed under IC 35-36-2-4, the
superintendent of the facility or the attending physician shall:
(1) file with the court the report described in subsection (a)
every six (6) months, or more often if directed by the court;
and
(2) notify the court, the petitioner, and any other person or
persons designated by the court under this section:
(A) at least ten (10) days before, or as soon as practicable in
case of an emergency, when:
(i) the committed individual is allowed outside the facility
or the grounds of the facility not under custodial
supervision;
(ii) the committed individual is transferred to another
facility and the location of that facility; or
(iii) the committed individual is discharged or the
individual's commitment is otherwise terminated; and
(B) as soon as practicable if the committed individual
escapes.
(d) The court may designate as a person or persons to receive
the notices provided in this section a person or persons who
suffered harm as the result of a crime for which the committed
individual was on trial.
(e) The court may designate as a person or persons to receive
the notices provided in this section:
(1) an individual or individuals described in subsection (d); or
(2) a designated representative if the person or persons
described in subsection (d) are incompetent, deceased, less
than eighteen (18) years of age, or otherwise incapable of
receiving or understanding a notice provided for in this
section.
(f) A commitment order issued by a court under IC 35-36-2-4
and this article must include the following:
(1) The mailing address, electronic mail address, facsimile
number, and telephone number of the following:
(A) The petitioner who filed the petition under IC 35-36-2-4.
(B) Any other person designated by the court.
(2) The notice requirements set forth in this section.
SOURCE: IC 35-36-2-2; (04)CC130001.3. -->
SECTION 3. IC 35-36-2-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 2. (a) At the trial of a criminal case
in which the defendant intends to interpose the defense of insanity,
evidence may be introduced to prove the defendant's sanity or insanity
at the time at which the defendant is alleged to have committed the
offense charged in the indictment or information.
(b) When notice of an insanity defense is filed, the court shall appoint
two (2) or three (3) competent disinterested psychiatrists, psychologists
endorsed by the state psychology board as health service providers in
psychology, or physicians, at least one (1) of whom must be a
psychiatrist, to examine the defendant and to testify at the trial. This
testimony shall follow the presentation of the evidence for the
prosecution and for the defense, including testimony of any medical
experts employed by the state or by the defense.
(c) If a defendant does not adequately communicate, participate,
and cooperate with the medical witnesses appointed by the court,
after being ordered to do so by the court, the defendant may not
present as evidence the testimony of any other medical witness:
(1) with whom the defendant adequately communicated,
participated, and cooperated; and
(2) whose opinion is based upon examinations of the
defendant;
unless the defendant shows by a preponderance of the evidence
that the defendant's failure to communicate, participate, or
cooperate with the medical witnesses appointed by the court was
caused by the defendant's mental illness.
(d) The medical witnesses appointed by the court may be
cross-examined by both the prosecution and the defense, and each side
may introduce evidence in rebuttal to the testimony of such a medical
witness.
SOURCE: IC 35-36-2-4; (04)CC130001.4. -->
SECTION 4. IC 35-36-2-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 4.
(a) Whenever a defendant is
found not responsible by reason of insanity at the time of the crime, the
prosecuting attorney shall file a written petition with the court under
IC 12-26-6-2(a)(3) or under IC 12-26-7. If a petition is filed under
IC 12-26-6-2(a)(3), the court shall hold a commitment hearing under
IC 12-26-6. If a petition is filed under IC 12-26-7, the court shall hold
a commitment hearing under IC 12-26-7.
(b) The hearing shall be conducted at the earliest opportunity after the
finding of not responsible by reason of insanity at the time of the crime,
and the defendant shall be detained in custody until the completion of
the hearing. The court may take judicial notice of evidence introduced
during the trial of the defendant and may call the physicians appointed
by the court to testify concerning whether the defendant is currently
mentally ill and dangerous or currently mentally ill and gravely disabled,
as those terms are defined by IC 12-7-2-96 and IC 12-7-2-130(a)(1).
IC 12-7-2-130(1). The court may subpoena any other persons with
knowledge concerning the issues presented at the hearing.
(c) The defendant has all the rights provided by the provisions of
IC 12-26 under which the petition against the defendant was filed. The
prosecuting attorney may cross-examine the witnesses and present
relevant evidence concerning the issues presented at the hearing.
(d) If a court orders an individual to be committed under
IC 12-26-6 or IC 12-26-7 following a verdict of not responsible by
reason of insanity at the time of the crime, the superintendent of
the facility to which the individual is committed and the attending
physician are subject to the requirements of IC 12-26-15-1.
SOURCE: IC 35-36-3-1; (04)CC130001.5. -->
SECTION 5. IC 35-36-3-1, AS AMENDED BY P.L.215-2001,
SECTION 109, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: 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
his a
defense, the court shall immediately fix a time for a hearing to determine
whether the defendant has that ability. The court shall appoint two (2)
or three (3) competent, disinterested:
(1) psychiatrists;
or
(2) psychologists endorsed by the Indiana state board of examiners
in psychology as health service providers in psychology.
or
physicians,
At least one (1) of
whom the individuals appointed under this
subsection must be a psychiatrist.
who However, none may 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) 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
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.
to be confined by the division
in an appropriate psychiatric institution. 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.
SOURCE: IC 35-36-3-2; (04)CC130001.6. -->
SECTION 6. IC 35-36-3-2, AS AMENDED BY P.L.215-2001,
SECTION 110, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. Whenever the defendant attains the ability to
understand the proceedings and assist in the preparation of the
defendant's defense:
(1) the division of mental health and addiction, through the
superintendent of the appropriate psychiatric institution,
superintendent of the state institution (as defined in
IC 12-7-2-184); or
(2) if the division of mental health and addiction entered into
a contract for the provision of competency restoration
services, the director or medical director of the third party
contractor;
shall certify that fact to the proper court, which shall enter an order
directing the sheriff to return the defendant. The court may shall enter
such an order immediately after being sufficiently advised of the
defendant's attainment of the ability to understand the proceedings and
assist in the preparation of the defendant's defense. Upon the return to
court of any defendant committed under section 1 of this chapter, the
court shall hold the trial as if no delay or postponement had occurred.
SOURCE: IC 35-36-3-3; (04)CC130001.7. -->
SECTION 7. IC 35-36-3-3, AS AMENDED BY P.L.215-2001,
SECTION 111, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3.
(a) Within ninety (90) days after:
(1) a defendant's
admittance to a psychiatric institution, the
superintendent of the psychiatric institution admission to a state
institution (as defined in IC 12-7-2-184); or
(2) the initiation of competency restoration services to a
defendant by a third party contractor;
the superintendent of the state institution (as defined in
IC 12-7-2-184) or the director or medical director of 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 certify to the proper court
whether the defendant has a substantial probability of attaining the
ability to understand the proceedings and assist in the preparation of the
defendant's defense within the foreseeable future.
(b) If a substantial probability does not exist, the division of mental
health and addiction state institution (as defined in IC 12-7-2-184)
or the third party contractor shall initiate regular commitment
proceedings under IC 12-26. If a substantial probability does exist, the
division of mental health and addiction state institution (as defined in
IC 12-7-2-184) or third party contractor shall retain the defendant:
(1) until the defendant attains the ability to understand the
proceedings and assist in the preparation of the defendant's defense
and is returned to the proper court for trial; or
(2) for six (6) months from the date of the:
(A) defendant's admittance admission to a state institution (as
defined in IC 12-7-2-184); or
(B) initiation of competency restoration services by a third
party contractor;
whichever first occurs.
SOURCE: IC 35-36-3-4; (04)CC130001.8. -->
SECTION 8. IC 35-36-3-4, AS AMENDED BY P.L.215-2001,
SECTION 112, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: 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 has not attained that ability within six (6) months
after the date of the:
(1) defendant's
admittance to a psychiatric institution, the division
of mental health and addiction admission to a state institution
(as defined in IC 12-7-2-184); or
(2) initiation of competency restoration services by a third
party contractor;
the state institution (as defined in IC 12-7-2-184) 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.
(Reference is to EHB 1300 as reprinted February 25, 2004.)
Conference Committee Report
on
Engrossed House
Bill 1300
Text Box
S
igned by:
____________________________ ____________________________
Representative Bottorff Senator Long
Chairperson
____________________________ ____________________________
Representative Thomas Senator Broden
House Conferees Senate Conferees