HB 1367

                                                            Introduced Version
           HOUSE BILL No. 1367
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-26-17.
Synopsis: Involuntary treatment of substance use disorder. Allows an
individual's spouse, legal guardian, friend, relative, or medical service
provider to petition a court for involuntary substance use disorder
treatment. Requires a petition to include certain information and allows
a court to dismiss a petition, without prejudice, if it does not contain
the required information. Requires the court to appoint a public
defender if the individual subject to a petition seeking involuntary
substance use disorder treatment is not represented by an attorney.
Requires a court to order the individual to be evaluated by a medical
provider if the court finds that: (1) the individual has a substance use
disorder; (2) because of the individual's substance use disorder, the
individual is experiencing impaired judgment and is unable to
independently maintain the individual's activities of daily living or is
a danger to self or others; and (3) the individual refuses to voluntarily
participate in substance use disorder treatment. Allows a court to order
a local law enforcement agency to consider whether an individual
meets the criteria for emergency detention under certain circumstances.
Requires a medical provider who completes an evaluation concerning
an individual's need for substance use disorder treatment to submit the
evaluation to the court. Specifies that after receiving an evaluation from
a medical provider, the court may dismiss the petition or set a hearing
for further evidence to be presented about the individual's need for
substance use disorder treatment. Requires a court to order involuntary
outpatient substance use disorder treatment for a period, not to exceed
90 days, if medical evidence supports that the individual requires
immediate treatment for a substance use disorder and the individual has
refused treatment.
Effective: July 1, 2026.
                               Soliday
   January 8, 2026, read first time and referred to Committee on Courts and Criminal Code.
2026  IN 1367—LS 6550/DI 149
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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                   HOUSE BILL No. 1367
   A BILL FOR AN ACT to amend the Indiana Code concerning
 human services.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 12-26-17 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]:
4    Chapter 17. Involuntary Treatment for Substance Use Disorder
5    Sec. 1. (a) Involuntary treatment for substance use disorder may
6 be considered by the court under this chapter upon the filing of a
7 petition with a court having jurisdiction in the county where the
8 individual:
9(1) resides; or
10(2) may be located.
11    (b) A petition may be filed under subsection (a) by an
12 individual's:
13(1) spouse;
14(2) legal guardian;
15(3) friend or relative; or
16(4) medical provider.
17    (c) A petition filed under subsection (a) must include the
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1 following:
2      (1) The individual's name and date of birth.
3      (2) All factual allegations to support that the individual is:
4(A) having a substance use disorder crisis;
5(B) a danger to self or others or is unable to independently
6maintain the individual's activities of daily living because
7of a substance use disorder;
8(C) unable to make the decision to seek treatment or has
9refused to seek treatment for substance use disorder; and
10(D) in need of treatment for substance use disorder.
11      (3) If the individual has been evaluated by a medical provider
12      within the past thirty (30) days for a substance use disorder,
13      the medical provider's written statement that the medical
14      provider believes the individual requires treatment for a
15      substance use disorder. If the individual has not been
16      evaluated by a medical provider within the past thirty (30)
17      days for a substance use disorder, the petition must include
18      this information.
19      (4) If an individual is represented by an attorney, the petition
20      must identify the individual's attorney.
21    (d) A petition filed under subsection (a) must be served on:
22      (1) the individual;
23      (2) any court appointed legal guardian of the individual; and
24      (3) the individual's attorney, if applicable.
25    (e) A court may waive the filing fee for a petition filed under
26 subsection (a) if the court determines that the petitioner is indigent.
27    Sec. 2. (a) Upon receipt of a petition filed under section 1 of this
28 chapter, unless impracticable, the court shall conduct a hearing not
29 later than ten (10) days after the petition is filed.
30    (b) If the individual is not represented by an attorney, the court
31 shall appoint a public defender to represent the individual.
32    (c) Notice of a hearing conducted under this section shall be
33 served on:
34      (1) the individual;
35      (2) any court appointed legal guardian of the individual;
36      (3) the petitioner; and
37      (4) the individual's attorney or the appointed public defender.
38    (d) A request for a continuance of the hearing described in
39 subsection (a) for a period of not more than thirty (30) days may
40 be granted for good cause shown.
41    (e) If a petition does not contain all information required under
42 section 1(c) of this chapter, the court shall dismiss the petition
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1 without prejudice.
2     Sec. 3. (a) Except as provided in subsection (c), if, upon the
3 completion of the hearing and consideration of the record, the
4 court finds that:
5(1) the individual has a substance use disorder;
6(2) because of the individual's substance use disorder, the
7individual is experiencing impaired judgment and is:
8(A) unable to independently maintain the individual's
9activities of daily living; or
10(B) a danger to self or others; and
11(3) the individual refuses to voluntarily participate in
12substance use disorder treatment;
13 the court shall order the individual to undergo an evaluation with
14 an appropriate medical provider.
15     (b) If the court makes findings under subsection (a), the court
16 shall order:
17(1) the individual to undergo an evaluation with an
18appropriate medical provider within fifteen (15) days; and
19(2) that the evaluation from the medical provider must be
20submitted to the court not later than fifteen (15) days after the
21evaluation is completed. An evaluation submitted to the court
22under this subdivision must include a treatment
23recommendation, if applicable.
24     (c) If, upon the completion of the hearing and consideration of
25 the record, the evidence supports that the individual may meet the
26 criteria for emergency detention under IC 12-26-5, the court shall
27 order the local law enforcement agency to consider whether
28 reasonable grounds exist to believe that the individual has a mental
29 illness, is either dangerous or gravely disabled, and is in immediate
30 need of hospitalization and treatment under IC 12-26-5-0.5. If
31 applicable, the individual may be subject to the emergency
32 detention procedures under IC 12-26-5. If an emergency detention
33 is initiated, the petition for involuntary treatment filed under this
34 chapter shall be dismissed without prejudice.
35     (d) Upon receipt of an evaluation under subsection (b)(2), the
36 court shall do the following:
37(1) Dismiss the petition if the evaluation does not recommend
38that the individual requires immediate treatment for
39substance use disorder.
40(2) Set a hearing date to hear further evidence and make a
41determination as to the appropriate treatment for the
42individual if the evaluation from the medical provider
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1recommends immediate treatment for substance use disorder.
2The individual, petitioner, and medical provider shall be
3ordered to appear at the hearing. Additional witnesses with
4relevant information may also appear to provide testimony.
5 A hearing notice issued under this section shall be served in
6 accordance with section 2(c) of this chapter and shall also be
7 served on a medical provider that has submitted an evaluation to
8 the court.
9     (e) The individual must appear at a hearing under this section.
10 If the individual does not appear and the court finds that:
11(1) the individual was properly served; and
12(2) the evidence supports that the individual knowingly and
13voluntarily waived the right to be present at the hearing;
14 it is within the court's discretion to continue the hearing to a later
15 date or proceed with the hearing without the individual. A hearing
16 may be continued under this subsection for not more than thirty
17 (30) days.
18     (f) If the court finds, after considering the evidence presented at
19 a hearing ordered under subsection (d)(2), that:
20(1) medical evidence supports that the individual requires
21immediate treatment for a substance use disorder; and
22(2) the individual has refused substance use disorder
23treatment;
24 the court shall order the individual to receive involuntary
25 outpatient substance use disorder treatment for a period not to
26 exceed ninety (90) days. The court's treatment requirements for
27 the individual shall be based upon the testimony and
28 recommendations of a testifying medical provider that has
29 evaluated or treated the individual.
30     Sec. 4. A petition filed under this chapter shall be dismissed:
31(1) when the ninety (90) day treatment period described in
32section 3(f) of this chapter has expired; or
33(2) when the individual voluntarily enters appropriate
34substance use disorder treatment and submits documentation
35confirming the voluntary treatment to the court;
36 whichever is earlier.
37     Sec. 5. Nothing in this chapter prevents an individual from being
38 subject to an emergency detention or commitment order under this
39 article, if the relevant criteria are met.
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