SB 395 Summary

• Establishes a new immediate detention procedure (IC 12-26-4.1) allowing any person with reasonable grounds to file an affidavit or provide sworn testimony to have a mentally ill and dangerous individual committed to an appropriate facility for up to 24 hours.

• Court may order immediate detention if it finds by preponderance of evidence that the individual has a mental illness and presents danger to themselves or another person, and shall issue an order to law enforcement to bring the individual to the facility.

• Individual must be discharged if the attending physician or superintendent believes detention is no longer necessary, and may not be detained beyond 24 hours unless an emergency detention application under IC 12-26-5 is filed immediately.

• Repeals the existing immediate detention law (IC 12-26-4) and makes conforming amendments to references in health and communicable disease statutes.

• Effective July 1, 2010.