Authority: IC 12-8-1.5-9; IC 12-24-19-6
Affected: IC 11-10-4; IC 12-7-2-61; IC 12-24-19; IC 12-26; IC 35-36-2-4; IC 35-36-3; IC 35-41-1
Sec. 1. (a) This rule applies only to a patient who is transferred or discharged from a state institution administered by the division of mental health after the effective date of this rule.
(b) This rule does not apply to any of the following:
- (1) An individual who is admitted to a state institution only for evaluation purposes.
- (2) An individual who is incompetent to stand trial under IC 35-36-3.
- (3) An individual who is found to be not guilty by reason of insanity under IC 35-36-2-4 and is subject to a civil commitment under IC 12-26.
- (4) An individual who is immediately subject to a civil commitment upon the individual's release from incarceration in a facility administered by the department of correction or the Federal Bureau of Prisons, or upon being charged with or convicted of a forcible felony under IC 35-41-1.
- (5) An individual placed under the supervision of the division for addictions treatment under IC 12-23-7 [IC 12-23-7 was repealed by P.L.113-2014, SECTION 38, effective July 1, 2014.] and IC 12-23-8 [IC 12-23-8 was repealed by P.L.113-2014, SECTION 39, effective July 1, 2014.].
- (6) An individual transferred from the department of correction under IC 11-10-4.
- (7) An individual who has a developmental disability as defined in IC 12-7-2.1-118.
- (8) An individual in an alcohol and drug services program who is not concurrently diagnosed as mentally ill.
- (9) An individual who has escaped from the facility to which the individual was involuntarily committed.
- (10) An individual who was admitted to a state institution for voluntary treatment and who has left the state institution against the advice of the attending physician.
(Division of Mental Health and Addiction; 440 IAC 5-1-1; filed Jun 14, 1995, 11:00 a.m.: 18 IR 2777; readopted filed May 10, 2001, 2:30 p.m.: 24 IR 3235; filed Nov 4, 2002, 12:09 p.m.: 26 IR 745; readopted filed Apr 7, 2008, 3:40 p.m.: 20080507-IR-440070745RFA; readopted filed Aug 11, 2014, 11:21 a.m.: 20140910-IR-440140240RFA; readopted filed Nov 9, 2020, 3:09 p.m.: 20201209-IR-440200502RFA)