Sec. 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 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.
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