If a defendant who was found under section 3 of this chapter to have had a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense:

1. (1) has not attained that ability within six (6) months after 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; or

2. (2) has not had the criminal charges dismissed under section 3(b) of this chapter;

   the state institution (as defined in IC 12-7-2.1-318 ) or 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 institute regular commitment proceedings under IC 12-26 .

   As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.874; P.L.215-2001, SEC.112; P.L.77-2004, SEC.8; P.L.85-2024, SEC.5; P.L.145-2026, SEC.234.