H.E.A. 1006, P.L. 205
Effective: July 1, 2023
- Repeals the provision for immediate detention.
- Adds a new section to the emergency detention statutes to outline the process for law enforcement officers to apprehend and transport an individual to an appropriate facility as well as ability to charge an individual with an offense if applicable.
- If the court has reasonable grounds to believe the individual is mentally ill, dangerous or gravely disabled, or in immediate need of hospitalization and treatment, the court may order the individual detained at the nearest appropriate facility (not a state institution).
- If the superintendent believes the detention is no longer necessary, the individual can be discharged, and the superintendent shall notify the court.
- Specifies the circumstances under which a person may be involuntarily committed to a facility for mental health services and specifies that these services are medically necessary when provided in accordance with generally accepted clinical care guidelines.
- Outlines the time an individual may be held prior to filing an application for detention and the maximum time they can be held after the court approved the detention application.
- Specifies the content of the application for detention, when a court hearing is required on the application, and timing of the final hearing on the application.
- Provided protection from liability for an act or omission taken under good faith under this chapter for facilities, law enforcement, superintendent of facilities, physicians, advanced practice registered nurse, and physician assistants.
- Permits the establishment of a local mental health referral program by Local JRAC to provide mental health treatment for certain persons who have been arrested in compliance with this chapter and rules adopted by DMHA.
Read the bill at: https://iga.in.gov/legislative/2023/bills/house/1006