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:(A) county jail; and(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 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.As added by P.L.159-2015, SEC.1.
Indiana Legal Code