1. (a) This section applies only to a mental health evaluation conducted for the purpose of mental health assessment and treatment. This section does not apply to a mental health evaluation conducted for the purpose of:

   1. (1) determining whether a person is competent to stand trial; or
   2. (2) establishing a defense to the commission of a crime, including the defense of mental disease or defect under IC 35-41-3-6 .

2. (b) If:

   1. (1) a person is confined in a county jail;
   2. (2) a judge of a court has ordered the person to undergo a mental health evaluation;

   3. (3) the:

      1. (A) county jail; and

      2. (B) location of the provider of mental health services who will conduct the mental health evaluation;

         have the capability of conducting two-way video conferencing between the county jail and the location;

   4. (4) the mental health evaluation may be conducted by two-way video conferencing; and

   5. (5) the judge, on the judge's own motion, orders the person to undergo the mental health evaluation by use of video conferencing;

      the person shall undergo the mental health evaluation while located in the county jail by use of video conferencing.

3. (c) If a person's mental health evaluation under this section is conducted by video conferencing, the mental health evaluation may not be recorded.

As added by P.L.159-2015, SEC.1.