Sec. 10. (a) A physician's statement may be introduced into evidence at the preliminary hearing held under section 9(a)(2) of this chapter without the presence of the physician.
(b) A finding of probable cause may not be entered at a preliminary hearing unless there is oral testimony:
(1) subject to cross-examination; and
(2) of at least one (1) witness who:
(A) has personally observed the behavior of the individual; and
(B) will testify to facts supporting a finding that there is probable cause to believe that the individual is in need of temporary or regular commitment.
(c) At the conclusion of the preliminary hearing, if the court does not find probable cause, the individual shall be immediately discharged.
(d) If the court finds at the conclusion of the preliminary hearing probable cause to believe that the individual needs temporary or regular commitment, the court shall order the detention of the individual in an appropriate facility pending a final hearing.
[Pre-1992 Revision Citation: 16-14-9.1-7(e) part.]
As added by P.L.2-1992, SEC.20.
Structure Indiana Code
Article 26. Voluntary and Involuntary Treatment of Mentally Ill Individuals
Chapter 5. Emergency Detention
12-26-5-1. 72 Hour Detention; Written Application; Contents
12-26-5-3. Examination and Treatment of Detained Individual
12-26-5-4. Determination During Detention That Probable Cause Does Not Exist; Report
12-26-5-5. Written Report to Court
12-26-5-6. Written Report; No Probable Cause; Discharge; Record
12-26-5-7. Written Report; Probable Cause; Recommendations; Hearing; Detention Pending Hearing
12-26-5-8. Written Report; Consideration and Action by Court; Time