Sec. 5. (a) After reviewing the evaluation, recommendation, and explanation, and after determining that the person has not been charged with or convicted of a crime of violence, the court may set a hearing under IC 35-33-8-3.2 to determine whether the court should, as a condition of pretrial release, refer the adult to a treatment provider for appropriate:

(1) mental health or other treatment; and

(2) ancillary services.

     (b) After reviewing the evaluation, recommendation, and explanation, and after determining that the adult has been charged with or convicted of a crime of violence but is eligible to receive mental health treatment, the court may refer the adult to a treatment provider for appropriate:

(1) mental health or other treatment; and

(2) ancillary services;

in a secure facility operated by the department of correction or operated or licensed by the division.

     (c) A court may only refer a person who has been charged with or convicted of a crime of violence for treatment in a secure facility operated by the department of correction or operated or licensed by the division.

     (d) In addition to or instead of referring an adult to a treatment provider under subsection (a) or (b), a court may order the adult transported for an immediate medical and psychological examination.

     (e) A treatment provider shall provide the court with one (1) or more written reports concerning the progress of the referred adult:

(1) at least once every calendar month; or

(2) at an interval determined by the court.

     (f) If criminal charges are pending against the qualified adult, the court may allow the person to participate in the referral program in accordance with section 6 or 7 of this chapter.

As added by P.L.205-2023, SEC.27.