reglab/housing_qa huggingface dataset:
IN Code § 35-35-3-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 35. Pleading and Procedure|Chapter 3. Plea Agreements|35-35-3-4. Inadmissibility at Trial

Sec. 4. A plea agreement, or a verbal or written communication concerning the plea agreement, may not be admitted into evidence at the trial of the case, should the plea agreement not culminate in approval by the court.As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983, SEC.20.
IN Code § 35-35-3-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 35. Pleading and Procedure|Chapter 3. Plea Agreements|35-35-3-5. Presentation to and Opinion by Victim; Certification

Sec. 5. (a) As a part of the recommendation submitted to the court, the prosecuting attorney must certify that he has offered to show the proposed recommendation to the victims of the felony, if any, and that they have been offered an opportunity to present their opinion of the recommendation to the prosecuting attorney and the court.(b) A victim present at sentencing in a felony or misdemeanor case shall be advised by the court of a victim's right to make a statement concerning the crime and the sentence. The court shall also offer the victim, if present, an opportunity to make a statement concerning the crime and the sentence. If unable to attend the hearing, the victim may mail a written statement to the court, which must be included in the presentence report made with respect to the defendant.(c) However, this section gives no additional rights to the defendant. Failure to comply gives no grounds for postconviction relief.As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.126-1985, SEC.3.
IN Code § 35-35-3-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 35. Pleading and Procedure|Chapter 3. Plea Agreements|35-35-3-6. Procedure Required by Ic 35-35-3-5; Representatives of Deceased or Legal Entity Victims; Multiple Victims

Sec. 6. (a) If the victim is deceased or is under the age of eighteen (18) years, the prosecuting attorney shall certify that he has completed the procedure required by section 5 of this chapter with at least one (1) of the next of kin or the parent, guardian, or custodian of the victim. If the victim is a corporation, limited liability company, association, or governmental entity, the prosecuting attorney shall certify that he has completed the procedure with a responsible officer or agent of the entity. If the victim is a partnership, the prosecuting attorney shall certify that he has completed the procedure with at least one (1) partner.(b) If there are more than three (3) victims, the prosecuting attorney shall complete the procedure required by section 5 of this chapter with the three (3) who he believes have suffered the most.As added by Acts 1981, P.L.298, SEC.4. Amended by Acts 1982, P.L.204, SEC.28; P.L.8-1993, SEC.508.
IN Code § 35-35-3-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 35. Pleading and Procedure|Chapter 3. Plea Agreements|35-35-3-7. Inability to Locate Victim or Next of Kin; Certification

Sec. 7. If the prosecuting attorney is unable to make a certification required under section 5 or 6 of this chapter because he was unable, after a reasonable effort, to locate the victim or his next of kin, then he shall certify this fact to the court. He may then submit the recommendation, and the court may act upon it.As added by Acts 1981, P.L.298, SEC.4.
IN Code § 35-36-1-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 1. Definitions|35-36-1-1. Definitions

Sec. 1. As used in this article:"Insanity" refers to the defense set out in IC 35-41-3-6."Mentally ill" means having a psychiatric disorder which substantially disturbs a person's thinking, feeling, or behavior and impairs the person's ability to function. The term includes having an intellectual disability."Omnibus date" refers to the omnibus date established under IC 35-36-8-1.As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.117-2015, SEC.46.
IN Code § 35-36-2-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 2. Affirmative Defense of Insanity or Mental Illness; Pleadings, Orders, and Findings|35-36-2-1. Time of Filing

Sec. 1. When the defendant in a criminal case intends to interpose the defense of insanity, he must file a notice of that intent with the trial court no later than:(1) twenty (20) days if the defendant is charged with a felony; or(2) ten (10) days if the defendant is charged only with one (1) or more misdemeanors;before the omnibus date. However, in the interest of justice and upon a showing of good cause, the court may permit the filing to be made at any time before commencement of the trial.As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982, P.L.204, SEC.29.
IN Code § 35-36-2-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 2. Affirmative Defense of Insanity or Mental Illness; Pleadings, Orders, and Findings|35-36-2-3. Finding of Jury

Sec. 3. In all cases in which the defense of insanity is interposed, the jury (or the court if tried by it) shall find whether the defendant is:(1) guilty;(2) not guilty;(3) not responsible by reason of insanity at the time of the crime; or(4) guilty but mentally ill at the time of the crime.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-2-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 2. Affirmative Defense of Insanity or Mental Illness; Pleadings, Orders, and Findings|35-36-2-4. Finding of Nonresponsibility by Reason of Insanity; Commitment Procedures; Requirements of the Warden and Attending Physician; Transmittal of Information to Nics

Sec. 4. (a) Whenever a defendant is found not responsible by reason of insanity at the time of the crime, the prosecuting attorney shall file a written petition with the court under IC 12-26-6-2(a)(3) or under IC 12-26-7. If a petition is filed under IC 12-26-6-2(a)(3), the court shall hold a commitment hearing under IC 12-26-6. If a petition is filed under IC 12-26-7, the court shall hold a commitment hearing under IC 12-26-7.(b) The hearing shall be conducted at the earliest opportunity after the finding of not responsible by reason of insanity at the time of the crime, and the defendant shall be detained in custody until the completion of the hearing. The court may take judicial notice of evidence introduced during the trial of the defendant and may call the physicians appointed by the court to testify concerning whether the defendant is currently mentally ill and dangerous or currently mentally ill and gravely disabled, as those terms are defined by IC 12-7-2-96 and IC 12-7-2-130(1). The court may subpoena any other persons with knowledge concerning the issues presented at the hearing.(c) The defendant has all the rights provided by the provisions of IC 12-26 under which the petition against the defendant was filed. The prosecuting attorney may cross-examine the witnesses and present relevant evidence concerning the issues presented at the hearing.(d) If a court orders an individual to be committed under IC 12-26-6 or IC 12-26-7 following a verdict of not responsible by reason of insanity at the time of the crime, the warden of the facility to which the individual is committed and the attending physician are subject to the requirements of IC 12-26-15-1.(e) If a defendant is found not responsible by reason of insanity, the court shall transmit any information required by the office of judicial administration to the office of judicial administration for transmission to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.200-1983, SEC.4; P.L.2-1992, SEC.869; P.L.77-2004, SEC.4; P.L.110-2009, SEC.13; P.L.67-2017, SEC.14; P.L.161-2018, SEC.118.
IN Code § 35-36-2-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 2. Affirmative Defense of Insanity or Mental Illness; Pleadings, Orders, and Findings|35-36-2-5. Finding or Plea of Guilty but Mentally Ill; Evaluation; Sentence; Treatment; Transmittal of Information to Nics

Sec. 5. (a) Except as provided by subsection (e), whenever a defendant is found guilty but mentally ill at the time of the crime or enters a plea to that effect that is accepted by the court, the court shall sentence the defendant in the same manner as a defendant found guilty of the offense.(b) Before sentencing the defendant under subsection (a), the court shall require the defendant to be evaluated by a physician licensed under IC 25-22.5 who practices psychiatric medicine, a licensed psychologist, or a community mental health center (as defined in IC 12-7-2-38). However, the court may waive this requirement if the defendant was evaluated by a physician licensed under IC 25-22.5 who practices psychiatric medicine, a licensed psychologist, or a community mental health center and the evaluation is contained in the record of the defendant's trial or plea agreement hearing.(c) If a defendant who is found guilty but mentally ill at the time of the crime is committed to the department of correction, the defendant shall be further evaluated and then treated in such a manner as is psychiatrically indicated for the defendant's mental illness. Treatment may be provided by:(1) the department of correction; or(2) the division of mental health and addiction after transfer under IC 11-10-4.(d) If a defendant who is found guilty but mentally ill at the time of the crime is placed on probation, the court may, in accordance with IC 35-38-2-2.3, require that the defendant undergo treatment.(e) As used in this subsection, "individual with an intellectual disability" means an individual who, before becoming twenty-two (22) years of age, manifests:(1) significantly subaverage intellectual functioning; and(2) substantial impairment of adaptive behavior;that is documented in a court ordered evaluative report. If a court determines under IC 35-36-9 that a defendant who is charged with a murder for which the state seeks a death sentence is an individual with an intellectual disability, the court shall sentence the defendant under IC 35-50-2-3(a).(f) If a defendant is found guilty but mentally ill, the court shall transmit any information required by the office of judicial administration to the office of judicial administration for transmission to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.320-1983, SEC.21; P.L.1-1991, SEC.191; P.L.2-1992, SEC.870; P.L.1-1993, SEC.239; P.L.158-1994, SEC.2; P.L.121-1996, SEC.3; P.L.215-2001, SEC.108; P.L.99-2007, SEC.200; P.L.110-2009, SEC.14; P.L.114-2012, SEC.75; P.L.117-2015, SEC.47; P.L.161-2018, SEC.119.
IN Code § 35-36-3-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 3. Comprehension to Stand Trial|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 12-7-2-184); 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.
IN Code § 35-36-3-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 3. Comprehension to Stand Trial|35-36-3-3. Substantial Probability of Attainment of Comprehension to Stand Trial; Certification; Commitment Proceedings; Duration of Retention

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 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.As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.873; P.L.215-2001, SEC.111; P.L.77-2004, SEC.7.
IN Code § 35-36-3-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 3. Comprehension to Stand Trial|35-36-3-4. Inability to Attain Comprehension to Stand Trial; Commitment Proceedings

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 has not attained that ability within six (6) months after the date of the:(1) defendant's admission to a state institution (as defined in IC 12-7-2-184); or(2) initiation of competency restoration services by a third party contractor;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.As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.2-1992, SEC.874; P.L.215-2001, SEC.112; P.L.77-2004, SEC.8.
IN Code § 35-36-4-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 4. Notice of Alibi Defense|35-36-4-1. Time of Filing; Requisite Information

Sec. 1. Whenever a defendant in a criminal case intends to offer in his defense evidence of alibi, the defendant shall, no later than:(1) twenty (20) days prior to the omnibus date if the defendant is charged with a felony; or(2) ten (10) days prior to the omnibus date if the defendant is charged only with one (1) or more misdemeanors;file with the court and serve upon the prosecuting attorney a written statement of his intention to offer such a defense. The notice must include specific information concerning the exact place where the defendant claims to have been on the date stated in the indictment or information.As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982, P.L.204, SEC.30.
IN Code § 35-36-4-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 4. Notice of Alibi Defense|35-36-4-2. Reply by Prosecutor; Second Statement by Defendant; Filing and Service

Sec. 2. (a) When a defendant files a notice of alibi, the prosecuting attorney shall file with the court and serve upon the defendant, or upon his counsel, a specific statement containing:(1) the date the defendant was alleged to have committed the crime; and(2) the exact place where the defendant was alleged to have committed the crime;that he intends to present at trial. However, the prosecuting attorney need not comply with this requirement if he intends to present at trial the date and place listed in the indictment or information as the date and place of the crime.(b) If a reply by the prosecuting attorney is required by subsection (a) of this section, the prosecuting attorney shall serve such a statement upon the defendant, or his counsel, within seven (7) days after the filing of the defendant's first notice of alibi.(c) If the prosecuting attorney's statement to the defendant contains a date or place other than the date or place stated in the defendant's original statement, the defendant shall file a second statement of alibi if the defendant intends to produce at trial evidence of an alibi for the date or place contained in the prosecutor's statement. The defendant shall:(1) file the second statement with the court; and(2) serve the second statement upon the prosecuting attorney;within four (4) days after the filing of the prosecuting attorney's statement. The defendant's second statement must contain the same details required in the defendant's original statement.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-4-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 4. Notice of Alibi Defense|35-36-4-3. Failure to File or Serve Statements; Extension of Time; Exclusion of Evidence

Sec. 3. (a) If either the defendant or the prosecuting attorney fails to file or serve statements in accordance with section 2 of this chapter, the judge may extend the time for filing.(b) If at the trial it appears that the defendant has failed to file and serve an original statement of alibi in accordance with section 1 of this chapter, and if the defendant does not show good cause for his failure, then the court shall exclude evidence offered by the defendant to establish an alibi.(c) If at the trial it appears that the prosecuting attorney has failed to file and serve his statement in accordance with section 2(a) of this chapter, and if the prosecuting attorney does not show good cause for his failure, then the court shall exclude evidence offered by the prosecuting attorney to show:(1) that the defendant was at a place other than the place stated in the information or indictment; and(2) that the date was other than the date stated in the information or indictment.(d) If at the trial it appears that the defendant has failed to file and serve a second statement in accordance with section 2(c) of this chapter, and if the defendant does not show good cause for his failure, then the court shall exclude evidence offered by the defendant to establish that:(1) he was at a place other than the place specified in the prosecuting attorney's statement; or(2) the date was other than the date stated in the prosecuting attorney's statement.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-5-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 5. Change of Judge|35-36-5-1. Preemptory Change of Venue From Judge; Procedure

Sec. 1. In any criminal action, either the defendant or the state is entitled as a substantive right to a preemptory change of venue from the judge without specifically stating the reason. The defendant or the state may obtain a change of judge under this section by motion filed in a manner and within the time limitations as specified in the Indiana Rules of Criminal Procedure. Each party is entitled to only one (1) change of judge under this section.As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.170-1984, SEC.4.
IN Code § 35-36-5-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 5. Change of Judge|35-36-5-2. Other Grounds; Motion; Affidavit; Time Limitation

Sec. 2. The defendant and the state may obtain a change of judge if the judge:(1) is biased or prejudiced against the moving party and that the moving party cannot obtain a fair trial before the judge;(2) is related by blood or marriage to any party to the cause;(3) is unable to properly perform the functions of his office because of mental or physical disabilities;(4) is disqualified by reason of any conflict of interest; or(5) should be disqualified for any other cause.A motion made under this section must be verified or accompained by an affidavit specifically stating facts showing that at least one (1) of these causes exists.The motion must be filed within the time limitations specified in Indiana Rules of Criminal Procedure.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-6-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 6. Change of Venue|35-36-6-1. Verified Motion by Defendant; Bias or Prejudice; Hearing; Duties of Clerk and Sheriff

Sec. 1. (a) In any criminal action, the defendant may request a change of venue from the county by filing a verified motion for change of venue alleging that bias or prejudice against the defendant exists in that county.(b) When a motion for a change of venue is filed, the court shall hold a hearing on the motion and may grant a change of venue to the most convenient county. When a change of venue is granted, the clerk shall immediately:(1) make a transcript of the proceedings and orders of the court;(2) seal the transcript with the original papers; and(3) deliver them to the sheriff.The sheriff shall immediately deliver them to the clerk's office of the proper county, and make his return accordingly. However, only one (1) change of venue from the county may be granted.As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.311-1983, SEC.48; P.L.170-1984, SEC.5.
IN Code § 35-36-6-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 6. Change of Venue|35-36-6-2. Trial in Court to Which Venued

Sec. 2. After a change of venue, the cause shall be docketed and stand for trial. The court to which the case has been venued shall proceed in all respects as if the indictment had been found and returned by a grand jury impaneled in that court, or as if the information had been originally filed in that court.As added by Acts 1981, P.L.298, SEC.5.
IN Code § 35-36-6-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 36. Pretrial Notices, Motions, and Procedures|Chapter 6. Change of Venue|35-36-6-3. Transfer of Custody of Defendant

Sec. 3. When ordered to do so by the court allowing a change of venue, the sheriff of the county from which change of venue is granted, when the defendant is in his custody, shall:(1) transfer and deliver custody of the defendant; and(2) deliver a certified copy of the order for change of venue at the same time the defendant is delivered;to the sheriff of the county to which change of venue has been granted. The sheriff of the county to which change of venue has been granted shall receive the defendant and detain him in custody until the defendant is discharged from his custody. The sheriff who receives the defendant shall give a certificate that he has received the defendant to the sheriff of the county from which change of venue has been granted.As added by Acts 1981, P.L.298, SEC.5.