Mental health evaluations

Sec. 2. (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: (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 conferencing, the mental health evaluation may not be recorded. As added by P.L.159-2015, SEC.1.