Indiana Code Title 5. State and Local Administration § 5-2-6.3-7

(1) a responsible party is found to be not guilty or has had the case against the responsible party dismissed;  and

(2) if all periods for appeal by the state have expired;

(1) the responsible party does not become competent to stand trial within five (5) years after the money is first placed in the escrow account;  and

(2) a civil action arising from the felony of which the responsible party is accused is not pending.