Indiana § 35-36-3-2 - Attainment of ability to stand trial; certification; return to court; order; trial
Full text of Indiana Indiana Code § 35-36-3-2 — Attainment of ability to stand trial; certification; return to court; order; trial, with citation guidance and answers to common questions.
§ 35-36-3-2. Attainment of ability to stand trial; certification; return to court; order; trial
Sec. 2. Whenever the defendant attains the ability to understand the proceedings and assist in the preparation of the defendant's defense:
(1) the superintendent of the state institution (as defined in IC 12-7-2.1-318); or
(2) if the division of mental health and addiction entered into a contract for the provision of competency restoration services, the director or medical director of the third party contractor;
shall certify that fact to the proper court, which shall enter an order directing the sheriff to return the defendant. The court shall enter such an order immediately after being sufficiently advised of the defendant's attainment of the ability to understand the proceedings and assist in the preparation of the defendant's defense. Upon the return to court of any defendant committed under section 1 of this chapter, the court shall hold the trial as if no delay or postponement had occurred.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.872; P.L.215-2001, SEC.110; P.L.77-2004, SEC.6; P.L.145-2026, SEC.232.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 35-36-3-2
What does Indiana Code § 35-36-3-2 cover?
Section 35-36-3-2 ("Attainment of ability to stand trial; certification; return to court; order; trial") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 35-36-3-2?
A common citation format is "Indiana Code § 35-36-3-2" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 35-36-3-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.