Sec. 5. (a) Upon receiving notification under section 4 of this chapter, the court shall reopen the original committment proceeding and determine whether the:
(1) individual:
(A) has failed to comply with the requirements of section 3 of this chapter;
(B) is mentally ill and either dangerous or gravely disabled; and
(C) should be committed to a facility under this article; or
(2) individual should continue to be maintained on an outpatient commitment, subject to an additional court order that:
(A) requires a law enforcement officer to apprehend and transport the individual to a facility for treatment; and
(B) applies:
(i) after notification to the court by the facility or provider responsible for the individual's commitment; and
(ii) whenever the individual fails to attend a scheduled outpatient appointment or fails to comply with a condition of the outpatient commitment.
(b) If the court receives notice of a transfer under section 4(e) of this chapter, the court may conduct a review to determine the validity of the transfer.
[Pre-1992 Revision Citation: 16-14-9.1-20.5(e).]
As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.11; P.L.6-1995, SEC.28; P.L.121-1996, SEC.1.
Structure Indiana Code
Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals
Chapter 14. Outpatient Therapy
12-26-14-1. Ordering Individual to Enter Outpatient Therapy Program; Findings Authorizing Order
12-26-14-2. Representation by Program Representative That Individual May Enter Program
12-26-14-3. Ordering Compliance With Program
12-26-14-5. Noncompliance Notification; Reopening Commitment Proceeding; Review of Transfer to Sub-Acute Stabilization Program
12-26-14-7. Committed Individuals; Placement on Outpatient Status for Remainder of Commitment Period
12-26-14-8. Committed Individual Placed on Outpatient Status; Compliance With Program
12-26-14-10. Return to Facility; Hearing; Hearing Officer; Appeal to Committing Court