Section 11-8-10-2 - Mental health evaluations(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) determining whether a person is competent to stand trial; or(2) establishing a defense to the commission of a crime, including the defense of mental disease or defect under IC 35-41-3-6.(b) If: (1) a person is confined in a county jail;(2) a judge of a court has ordered the person to undergo a mental health evaluation;(3) the:(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) the mental health evaluation may be conducted by two-way video conferencing; and(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.
(c) If a person's mental health evaluation under this section is conducted by video conferencing, the mental health evaluation may not be recorded.Added by P.L. 159-2015, SEC. 1, eff. 7/1/2015.