HB 1300-1_ Filed 02/19/2004, 09:45
Adopted 2/19/2004
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Criminal, Civil and Public Policy, to which was referred House Bill
No. 1300, 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:
SOURCE: Page 1, line 1; (04)CR130001.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 12-26-7-2; (04)CR130001.1. -->
"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: Page 4, line 7; (04)CR130001.4. -->
Page 4, after line 7, begin a new paragraph and insert:
SOURCE: IC 35-36-3-1; (04)CR130001.5. -->
"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)CR130001.6. -->
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)CR130001.7. -->
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)CR130001.8. -->
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.".
SOURCE: Page 3, line 14; (04)CR130001.3. -->
Page 3, line 14, delete "clear and convincing" and insert "
a
preponderance of the".
Renumber all SECTIONS consecutively.
(Reference is to HB 1300 as reprinted February 5, 2004.)
and when so amended that said bill do pass.
Committee Vote: Yeas 7, Nays 3.
____________________________________
Long
CR130001/DI 106 2004