The Indiana Family and Social Services Administration’s Division of Mental Health and Addiction’s Indiana State Psychiatric Hospital network not only serves as inpatient treatment units for those who need an intensive level of treatment but is also responsible for providing treatment and restoration services to individuals who have been found incompetent to stand trial and/or not guilty by reason of insanity. These referrals come directly from criminal courts in the form of court orders.
How to submit a referral for individuals that are Incompetent to Stand Trial
All Incompetent to Stand Trial submissions must be submitted to Competency@fssa.in.gov. Starting July 1, 2023, only submissions received through this email will be processed. Scan and email all required documents, listed below, to competency@fssa.in.gov.
Incomplete submissions will cause a delay in placement for services, and you will be contacted for missing information. Submissions will not be processed until they are complete.
Indiana requires that any individual charged with a criminal offense MUST: possess the ability to understand the proceedings AND possess the ability to assist their attorney in the preparation of a defense. - (IC 35-36-3-1 to -4))
Should a court believe that an individual not possess these abilities, evaluations from two or three psychiatrists/psychologists can be ordered and the court will order a defendant competent or incompetent, considering the evaluations and all collateral information of the case.
Once an individual is found incompetent to stand trial, they are placed in the custody of the Division of Mental Health and Addiction to receive restoration services, including mental health treatment and legal education.
The court must submit the following documents, via the Competency@fssa.in.gov email to the Division of Mental Health and Addiction’s legal office in order for the defendant to receive competency restoration services:
- Copies of the order finding the individual incompetent to stand trial,
- Copies of the doctor’s evaluations used in determination of competency, (Two or more for a defendant charged with murder or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony or One or more for a defendant charged with a misdemeanor or a Level 6 felony.)
- Copies of the two to three doctor’s evaluations used in determination of competency,
- Charging information, and
- Probable cause affidavit
- No Contact Orders (if applicable), and
- Defendant's Social Security Number
- Chronical Case Summary
Presently, there is a growing number of programs that an individual can be placed in to receive restoration services, which include:
- State Psychiatric Hospitals - an individual receives restoration services in a state owned/operated psychiatric hospital setting.
- Competency Restoration Services are available at Evansville State Hospital, Logansport State Hospital, Madison State Hospital, the NeuroDiagnostic Institute and Richmond State Hospital
- Jail-Based Competency Restoration- an individual receives restoration services while incarcerated in one of the select jails offering restoration services
- Project CREATE- an individual receives restoration services in a secure third-party private hospital setting.
How to submit a referral for individuals that are not guilty by reason of insanity
Not guilty by reason of insanity is a plea entered by a defendant in a criminal trial, where the defendant could not appreciate the wrongfulness of their act as a result of their mental illness. (IC 35-36-2-1 to -4).
When the defendant in a criminal case intends to interpose the defense of insanity, the defense lawyer must file a notice of that intent with the trial court no later than:
- Twenty days if the defendant is charged with a felony; or
- Ten days if the defendant is charged only with one or more misdemeanors;
- Before the omnibus date, a scheduling deadline whereby the defense attorney needs to file certain motions and defenses.
However, in the interest of justice and upon a showing of good cause, the court may permit the filing to be made at any time before commencement of the trial.
Evaluations from two or three psychiatrists/psychologists will be ordered by the judge/court. In all cases in which the defense of insanity is interposed, the jury (or the court if tried by it) shall find whether the defendant is:
- Guilty;
- Not guilty;
- Not responsible by reason of insanity at the time of the crime; or
- Guilty but mentally ill at the time of the crime, this adjudication is usually a sentence to IDOC, rather than resulting in a state hospital admission.
Whenever a defendant is found not responsible by reason of insanity at the time of the crime, the prosecuting attorney shall file a written petition with the court under IC 12-26-6-2(a)(3) or under IC 12-26-7. If a petition is filed under IC 12-26-6-2(a)(3) , the court shall hold a commitment hearing under IC 12-26-6. If a petition is filed under IC 12-26-7, the court shall hold a commitment hearing under IC 12-26-7.
The defendant has all rights provided by the provisions under IC 12-26. If the commitment is to be to a State Psychiatric Hospital, there must be a determination by the Community Mental Health Center that the State Psychiatric Hospital is the least restrictive placement for the needs of the defendant.
The court must submit the following documents to the Division of Mental Health and Addiction’s legal office, via the Competency@fssa.in.gov email, in order for the defendant to be admitted to a State Psychiatric Hospital:
- Copies of the order finding the individual not guilty (responsible) by reason of insanity
- A copy of the commitment order
- A copy of the letter by the Community Mental Health Center stating the State Psychiatric Hospital is the least restrictive placement for the needs of the defendant
- Copies of two or three doctor’s evaluations used in determination of insanity
- Charging information
- Probable cause affidavit
Questions and contacts
Questions related to competency orders, submissions and statutes, please contact Deb Raughter:
Deb Raughter
Criminal Justice Programs Administrator
Office of General Counsel / FSSA
Debra.Raughter@fssa.in.gov
317-234-8111
Questions related to the Indiana State Psychiatric Hospital Network please contact Katrina Norris:
Katrina Norris
Executive Director Indiana State Psychiatric Hospital Network
Indiana Family and Social Services Administration/Division of Mental Health and Addictions
Katrina.Norris@fssa.IN.gov
765-935-9292