Ind. Code ch. 12-26-5

Ind. Code ch. 12-26-5
in effect

Ind. Code § 12-26-5-0.5 Authority of a law enforcement officer to transport a mentally ill individual to a facility; authority of a court to order detention; discharge; treatment

Sec. 0.5. (a) A law enforcement officer, having reasonable grounds to believe that an individual has a mental illness, is either dangerous or gravely disabled, and is in immediate need of hospitalization and treatment, may do one (1) or more of the following: (1) Apprehend and transport the individual to the nearest appropriate facility. The individual may not be transported to a state institution. (2) Charge the individual with an offense, if applicable. (b) A law enforcement officer who transports an individual to a facility under subsection (a) shall submit to the facility a written statement containing the basis for the officer's conclusion that reasonable grounds exist under this chapter. The statement shall be filed with both of the following: (1) The individual's records at the facility. (2) The appropriate court, if action relating to any charges filed by the officer against the individual is pursued. (c) If a court has reasonable grounds to believe that an individual: (1) has a mental illness; (2) is either dangerous or gravely disabled; and (3) is in immediate need of hospitalization and treatment; the court may order the individual to be detained at the nearest appropriate facility for a preliminary medical and psychological evaluation. The individual may not be transported to a state institution. (d) An individual detained under this section shall be discharged if the superintendent of the facility or the physician believes detention is no longer necessary. As soon as practicable after discharge, the facility shall notify the court that ordered the detention that the individual has been discharged. (e) The superintendent of the facility or a physician, an advanced practice registered nurse, or a physician assistant may furnish emergency treatment to an individual transported to a facility under this section that is necessary to: (1) preserve the health and safety of the individual detained; and (2) protect other persons and property. (f) If clinically appropriate, a physician may authorize and begin a mental health or substance use disorder treatment plan using accepted clinical care guidelines, including medication, for an individual detained under this chapter. As added by P.L.205-2023, SEC.9.

Ind. Code § 12-26-5-1 48-72 hour detention; written application; contents

Sec. 1. (a) Except as otherwise provided in this chapter, an individual may be detained in a facility for not more than seventy-two (72) hours under this chapter, excluding Saturdays, Sundays, and legal holidays, if a written application for detention is filed with a court of competent jurisdiction in accordance with this section. (b) An individual may be detained in a facility for not more than forty-eight (48) hours from the time of admission, excluding Saturdays, Sundays, and legal holidays, unless the facility files an application for detention, on a form prepared by the office of judicial administration, with a court of competent jurisdiction within the forty-eight (48) hour period. If the facility timely files an application for detention, the individual may be detained for not more than seventy-two (72) hours from the time of admission, excluding Saturdays, Sundays, and legal holidays, unless the court approves the application for detention. If the court approves the application for detention, the individual may be held for not more than fourteen (14) days, from the time of admission, excluding Saturdays, Sundays, and legal holidays, pending a final hearing under section 11 of this chapter. If a patient is admitted to a facility after midnight and before 8:00 a.m., the time periods described in this subsection begin to run at 8:00 a.m. (c) An application for detention under subsection (b) must contain an attestation signed by a physician that there is probable cause to believe that: (1) the individual is mentally ill and either dangerous or gravely disabled; and (2) the individual requires continuing involuntary detention to receive care and treatment; based on an examination by a physician, advanced practice registered nurse, or physician assistant, or information given to a physician, advanced practice registered nurse, or physician assistant. (d) A facility may not be required to first seek transfer of the individual to a psychiatric hospital before commencing an application for detention. (e) A facility may commence an application for detention even if an individual was not apprehended and transported to a facility under section 0.5 of this chapter. [Pre-1992 Revision Citation: 16-14-9.1-7(a) part.] As added by P.L.2-1992, SEC.20. Amended by P.L.1-1993, SEC.153; P.L.40-1994, SEC.56; P.L.205-2023, SEC.10; P.L.147-2024, SEC.2.

Ind. Code § 12-26-5-2 Police officer authorized to take individual into custody; reimbursement for certain nonemergency transports

Sec. 2. (a) If a judicial officer authorized to issue a warrant for arrest in the county in which the individual is present approves an application for detention made under section 1 of this chapter, the application authorizes a police officer to take the individual into custody and transport the individual to a facility, if applicable. (b) Except as provided in subsection (c), the expense of transportation under this section shall be paid by the county in which the individual is present. (c) This subsection applies only to the nonemergency transport to a facility by the county sheriff or deputy sheriff of an individual who: (1) is not in lawful detention (as defined in IC 36-2-13-18); (2) has had an application for the individual's detention under section 1 of this chapter approved by a judicial officer; and (3) is transported more than thirty (30) miles. The county sheriff may be reimbursed from the individual's health care coverage, including health coverage offered or administered by the state. [Pre-1992 Revision Citation: 16-14-9.1-7(a) part.] As added by P.L.2-1992, SEC.20. Amended by P.L.196-2021, SEC.7; P.L.205-2023, SEC.11.

Ind. Code § 12-26-5-3 Examination and treatment of detained individual

Sec. 3. An individual detained under this chapter may be examined and given emergency treatment necessary to do the following: (1) Preserve the health and safety of the individual. (2) Protect other persons and property. [Pre-1992 Revision Citation: 16-14-9.1-7(a) part.] As added by P.L.2-1992, SEC.20.

Ind. Code § 12-26-5-4 Repealed

[Pre-1992 Revision Citation: 16-14-9.1-7(d) part.] As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023, SEC.12.

Ind. Code § 12-26-5-5 Repealed

[Pre-1992 Revision Citation: 16-14-9.1-7(b).] As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023, SEC.13.

Ind. Code § 12-26-5-6 Denial of application for detention; discharge; medical record

Sec. 6. (a) If the court does not approve an application for detention under this chapter, the individual shall be discharged from the facility. (b) The application shall be made part of the individual's medical record. [Pre-1992 Revision Citation: 16-14-9.1-7(d) part.] As added by P.L.2-1992, SEC.20. Amended by P.L.205-2023, SEC.14.

Ind. Code § 12-26-5-7 Repealed

[Pre-1992 Revision Citation: 16-14-9.1-7(c).] As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023, SEC.15.

Ind. Code § 12-26-5-8 Repealed

[Pre-1992 Revision Citation: 16-14-9.1-7(e) part.] As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023, SEC.16.

Ind. Code § 12-26-5-9 Application for detention; action by court; final hearing

Sec. 9. After receiving an application for detention under section 1 of this chapter, the court shall, without a hearing, consider the application and may do one (1) of the following: (1) If the court finds that there is not probable cause to detain the individual, order the individual released. (2) If the court finds that there is probable cause to detain the individual, order the individual's continued detention in an appropriate facility pending a final hearing under section 11 of this chapter. In addition, the court may order the individual to receive treatment in accordance with a mental health or substance use disorder treatment plan, using accepted clinical care guidelines, including medication. [Pre-1992 Revision Citation: 16-14-9.1-7(e) part.] As added by P.L.2-1992, SEC.20. Amended by P.L.205-2023, SEC.17.

Ind. Code § 12-26-5-10 Repealed

[Pre-1992 Revision Citation: 16-14-9.1-7(e) part.] As added by P.L.2-1992, SEC.20. Repealed by P.L.205-2023, SEC.18.

Ind. Code § 12-26-5-11 Final hearing; burden of proof; testimony of physician; waiver

Sec. 11. (a) A final hearing required by section 9 of this chapter shall be held not later than fourteen (14) days from the date of the individual's admission to a facility, excluding Saturdays, Sundays, and legal holidays. The purpose of a final hearing is to determine by clear and convincing evidence whether the individual is: (1) mentally ill and either dangerous or gravely disabled; and (2) in need of temporary or regular commitment. (b) At a final hearing, an individual may not be found in need of temporary or regular commitment unless: (1) the physician who signed the attestation under section 1 of this chapter; or (2) at least one (1) physician who has personally examined the individual; testifies at the hearing. This testimony may be waived by the individual if the waiver is voluntarily and knowingly given. [Pre-1992 Revision Citation: 16-13-9.1-7(e) part.] As added by P.L.2-1992, SEC.20. Amended by P.L.205-2023, SEC.19.

Ind. Code § 12-26-5-12 Determination of absence of probable cause when individual taken into custody; transportation, care, and maintenance costs

Sec. 12. If it is determined that there was not probable cause to believe that an individual had a mental illness and was dangerous when taken into custody and transported to the facility to be detained, the costs of transportation to 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. [Pre-1992 Revision Citation: 16-14-9.1-7(f).] As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007, SEC.130.

Ind. Code § 12-26-5-13 Immunity

Sec. 13. The following may not be held liable for an act or omission taken in good faith under this chapter, unless the act or omission constitutes gross negligence or willful or wanton misconduct: (1) A facility in which an individual is detained, treated, evaluated, or assessed. (2) A law enforcement officer. (3) The superintendent of a facility. (4) A physician. (5) An advanced practice registered nurse. (6) A physician assistant. As added by P.L.205-2023, SEC.20.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026

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