Sec. 4. If a defendant who was found under section 3 of this chapter to have had a substantial probability of attaining the ability to understand the proceedings and assist in the preparation of the defendant's defense: (1) has not attained that ability within six (6) months after 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; or (2) has not had the criminal charges dismissed under section 3(b) of this chapter; the state institution (as defined in IC 12-7-2-184 ) or 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 institute regular commitment proceedings under IC 12-26 . IC 35-36-4 Chapter 4. Notice of Alibi Defense 35-36-4-1 Time of filing; requisite information 35-36-4-2 Reply by prosecutor; second statement by defendant; filing and service 35-36-4-3 Failure to file or serve statements; extension of time; exclusion of evidence
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