§ 35-36-3-3

(a) Within ninety (90) days after:(1) a defendant's admission to a state institution (as defined in IC 12-7-2-184); or(2) the initiation of competency restoration services to a defendant by a third party contractor;the superintendent of the state institution (as defined in IC 12-7-2-184) or the director or medical director of the third party contractor, if the division of mental health and addiction has entered into a contract for the provision of competency restoration services by a third party, shall certify to the proper court whether the defendant has a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense within the foreseeable future.(b) If a party files a motion to dismiss, the court may dismiss the charges against the defendant without prejudice if the:(1) defendant has been diagnosed with:(A) dementia;(B) Alzheimer's disease; or(C) a traumatic brain injury;(2) defendant's diagnosis substantially impacts the defendant's ability to understand the proceedings and assist in the preparation of the defendant's defense within the foreseeable future; and(3) defendant is charged with a

substantially impacts the defendant's ability to understand the proceedings and assist in the preparation of the defendant's defense within the foreseeable future; and(3) defendant is charged with a misdemeanor or a Level 6 felony.(c) If a defendant's charges are not dismissed under subsection (b) and a substantial probability does not exist, the state institution (as defined in IC 12-7-2-184) or the third party contractor shall initiate regular commitment proceedings under IC 12-26. If a substantial probability does exist, the state institution (as defined in IC 12-7-2-184) or third party contractor shall retain the defendant:(1) until the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant's defense and is returned to the proper court for trial; or(2) for six (6) months from the date of the:(A) defendant's admission to a state institution (as defined in IC 12-7-2-184); or(B) initiation of competency restoration services by a third party contractor;whichever first occurs.As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.873; P.L.215-2001, SEC.111; P.L.77-2004, SEC.7; P.L.85-2024, SEC.4.