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Indiana Code Title 35. Criminal Law and Procedure § 35-36-3-3

Current as of January 01, 2026 | Updated by Findlaw Staff

Sec. 3. (a) Within ninety (90) days after:

(1) a defendant's 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 party files a motion to dismiss, the court may dismiss the charges against the defendant without prejudice if the:

(1) defendant has been diagnosed with:

(A) dementia;

(B) Alzheimer's disease;  or

(C) a traumatic brain injury;

(2) defendant's diagnosis substantially impacts the defendant's ability to understand the proceedings and assist in the preparation of the defendant's defense within the foreseeable future;  and

(3) defendant is charged with a misdemeanor or a Level 6 felony.

(c) If a defendant's charges are not dismissed under subsection (b) and a substantial probability does not exist, the 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 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 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.

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-36-3-3 - last updated January 01, 2026 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-36-3-3/

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