(a) Within ninety (90) days after:

1. (1) a defendant's admission to a state institution (as defined in IC 12-7-2.1-318 ); or

2. (2) the initiation of competency restoration services to a defendant by a third party contractor;

   the superintendent of the state institution (as defined in IC 12-7-2.1-318 ) or the director or medical director of the third party contractor, if the division of mental health and addiction has entered into a contract for the provision of competency restoration services by a third party, shall certify to the proper court whether the defendant has a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense within the foreseeable future.

(b) If a party files a motion to dismiss, the court may dismiss the charges against the defendant without prejudice if the:

1. (1) defendant has been diagnosed with:

   1. (A) dementia;
   2. (B) Alzheimer's disease; or
   3. (C) a traumatic brain injury;
2. (2) defendant's diagnosis substantially impacts the defendant's ability to understand the proceedings and assist in the preparation of the defendant's defense within the foreseeable future; and
3. (3) defendant is charged with a misdemeanor or a Level 6 felony.

(c) If a defendant's charges are not dismissed under subsection (b) and a substantial probability does not exist, the state institution (as defined in IC 12-7-2.1-318 ) or the third party contractor shall initiate regular commitment proceedings under IC 12-26 . If a substantial probability does exist, the state institution (as defined in IC 12-7-2.1-318 ) or third party contractor shall retain the defendant:

1. (1) until the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant's defense and is returned to the proper court for trial; or

2. (2) for six (6) months from the date of the:

   1. (A) defendant's admission to a state institution (as defined in IC 12-7-2.1-318 ); or

   2. (B) initiation of competency restoration services by a third party contractor;

      whichever first occurs.

      As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.873; P.L.215-2001, SEC.111; P.L.77-2004, SEC.7; P.L.85-2024, SEC.4; P.L.145-2026, SEC.233.