(a) A committed offender may be involuntarily transferred to the division of mental health and addiction or to a mental health facility only if:

1. (1) the offender has been examined by a psychiatrist employed or retained by the department and the psychiatrist reports to the department in writing that, in the psychiatrist's opinion, the offender has a mental illness and is in need of care and treatment by the division of mental health and addiction or in a mental health facility;
2. (2) the director of mental health approves of the transfer if the offender is to be transferred to the division of mental health and addiction; and

3. (3) the department affords the offender a hearing to determine the need for the transfer, which hearing must comply with the following minimum standards:

   1. (A) The offender shall be given at least ten (10) days advance written and verbal notice of the date, time, and place of the hearing and the reason for the contemplated transfer. This notice must advise the offender of the rights enumerated in clauses (C) and (D). Notice must also be given to one (1) of the following:

      1. (i) The offender's spouse.
      2. (ii) The offender's parent.
      3. (iii) The offender's attorney.
      4. (iv) The offender's guardian.
      5. (v) The offender's custodian.
      6. (vi) The offender's relative.
   2. (B) A copy of the psychiatrist's report must be given to the offender not later than at the time notice of the hearing is given.
   3. (C) The offender is entitled to appear in person, speak in the offender's own behalf, call witnesses, present documentary evidence, and confront and cross-examine witnesses.
   4. (D) The offender is entitled to be represented by counsel or other representative.
   5. (E) The offender must be given a written statement of the findings of fact, the evidence relied upon, and the reasons for the action taken.
   6. (F) A finding that the offender is in need of mental health care and treatment in the division of mental health and addiction or a mental health facility must be based upon clear and convincing evidence.

(e) After an offender has been involuntarily transferred to and accepted by the division of mental health and addiction, the department shall transmit any information required by the office of judicial administration for transmission to the NICS (as defined in IC 35-47-2.5-2.5 ) in accordance with IC 33-24-6-3 .

As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.2; P.L.2-1992, SEC.105; P.L.215-2001, SEC.20; P.L.99-2007, SEC.39; P.L.110-2009, SEC.6; P.L.161-2018, SEC.22.