Sec. 4. (a) If a staff member of a program involved in the treatment, supervision, or care of an individual ordered to enter an outpatient therapy program under section 1 of this chapter has reason to believe that the individual has failed to comply with the requirements of section 3 of this chapter, the staff member shall immediately notify the court of the failure to comply.

     (b) Except as provided in subsection (c), the individual may be transferred from the outpatient therapy program to one (1) of the following:

(1) The inpatient unit of the facility that has the original commitment.

(2) A community based residential program under IC 12-22-2-3.5.

     (c) The individual may not be transferred to a community based residential program under IC 12-22-2-3.5 unless in the opinion of the individual’s attending physician:

(1) it is not necessary for the individual to receive acute care inpatient treatment; and

(2) the individual is in need of a community based residential program under IC 12-22-2-3.5.

     (d) The individual may not be imprisoned or confined in a jail or correctional facility unless the individual has been placed under arrest.

     (e) A facility to which an individual is transferred under subsection (b) shall immediately notify the court of the transfer. A transfer to a facility under subsection (b) is subject to review under section 6 of this chapter upon petition by the individual who was transferred.

[Pre-1992 Revision Citation: 16-14-9.1-20.5(d).]

As added by P.L.2-1992, SEC.20. Amended by P.L.62-1993, SEC.10; P.L.6-1995, SEC.27; P.L.143-2011, SEC.29.