Indiana Code
Ind. Code § 12-26-7-5 (2025)
Finding that individual is mentally ill and either dangerous or gravely disabled; order for treatment; duration of order; transmittal of information to NICS
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 5. (a) If at the completion of the hearing and the consideration of the record an individual is found to be mentally ill and either dangerous or gravely disabled, the court may enter either of the following orders:
(1) For the individual's custody, care, or treatment, or continued custody, care, or treatment in an appropriate facility.
(2) For the individual to enter an outpatient therapy program under IC 12-26-14.
(b) An order entered under subsection (a) continues until any of the following occurs:
(1) The individual has been:
(A) discharged from the facility; or
(B) released from the therapy program.
(2) The court enters an order:
(A) terminating the commitment; or
(B) releasing the individual from the therapy program.
(c) If the court makes a finding under subsection (a), 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.
[Pre-1992 Revision Citation: 16-14-9.1-10(d).]
As added by P.L.2-1992, SEC.20. Amended by P.L.110-2009, SEC.8; P.L.161-2018, SEC.33.
IC 12-26-8Chapter 8. Commitment of a Child
12-26-8-1Appointment of advocate or guardian; persons
authorized to be appointed as advocate;
representation and protection of child's best
interests
12-26-8-2Advocate; officer of juvenile court
12-26-8-3Representation of advocate by counsel;
appointment of counsel
12-26-8-4Commitment of child; review by advocate;
assistance provided by facility warden
12-26-8-5Advocate reviews; report; recipients of report
12-26-8-6Advocate; access to reports relevant to child;
confidential reports
12-26-8-8Obligations of county offices to children under
custody or supervision committed to state
institutions
12-26-8-9Repealed
Notes of Decisions
Cited in 24
cases (3 in the last 5 years), 1996–2025 · leading case: State v. Davis, 898 N.E.2d 281 (Ind. 2008).
State v. Davis, 898 N.E.2d 281 (Ind. 2008). “See Ind.Code § 12-26-7-5 (2007) (providing civil commitment where person is “mentally ill and either dangerous or gravely disabled”).”
A.J. v. Logansport State Hosp., 956 N.E.2d 96 (Ind. Ct. App. 2011). “" Ind. Code § 12-26-7-5 . Such an order continues until the individual has been discharged from the facility or the court enters an order terminating the commitment.”
In Re the Commitment of Golub v. Giles, 814 N.E.2d 1034 (Ind. Ct. App. 2004). “" Ind.Code § 12-26-7-5. Thus, the trial court could have properly considered any information contained in the record, including, presumably, all previous applications for and reports following Golub's emergency detentions-all of which were, included in Golub's appendix.”
Commitment of K.F. v. St. Vincent Hosp. & Health Care Ctr., 909 N.E.2d 1063 (Ind. Ct. App. 2009). “Ind.Code § 12-26-7-5(a). It may enter an order for the individual's "eusto-dy, care, or treatment, or continued custody, care, or treatment in an appropriate facility" or for the individual to "enter an outpatient therapy program under IC 12-26-14.”
Thomas ex rel. Thomas v. Murphy, 918 N.E.2d 656 (Ind. Ct. App. 2009). “" Indiana Code § 12-26-7-5(a) (2009). Those orders continue until the individual is discharged from the facility or the court terminates the commitment.”
In the Matter of the Commitment of T.K. v. Dep't of Vets. Affairs, 993 N.E.2d 245 (Ind. Ct. App. 2013). “Ind.Code § 12-26-7-5. During the evidentiary hearing, Dr.”
Charles Gross v. State of Indiana, 41 N.E.3d 1043 (Ind. Ct. App. 2015). “Gross is already under a regular civil commitment order, 5 which, pursuant to Indiana Code section 12-26-7-5(b) continues until such time as he has been discharged from the institution and the trial court which entered the original commitment order enters an order terminating…”
Commitment of M.E. v. V.A. Med. Ctr., 957 N.E.2d 637 (Ind. Ct. App. 2011). “See Ind.Code § 12-26-7-5 (2007) (providing that a trial court may enter an order of regular commitment upon a finding that the individual for whom commitment is sought is mentally ill and either dangerous or gravely disabled).”
In Re the Commitment of G.M., 938 N.E.2d 302 (Ind. Ct. App. 2010). “Indiana Code section 12-26-7-5 (2009) provides that if the court finds the individual to be "mentally ill and either dangerous or gravely disabled" the court may order commitment in an appropriate facility.”
R.L. v. Logansport State Hosp., 666 N.E.2d 929 (Ind. Ct. App. 1996). “I.C. § 12-26-7-5. The express language of I.”
Matter of Commitment of Rl, 666 N.E.2d 929 (Ind. Ct. App. 1996). “I.C. § 12-26-7-5. The express language of I.”
Jesse L. Payne v. State of Indiana, 144 N.E.3d 706 (Ind. 2020). “§ 12-26-2-5(e); I.C. § 12-26-7-5(a). A regular commitment continues until the individual is “discharged from the facility” or “released from the therapy program,” or when the court orders a termination or release.”
Ind. Code § 12-26-7-5(a): 5 cases
State v. Davis, 898 N.E.2d 281 (Ind. 2008). “See Ind.Code § 12-26-7-5 (2007) (providing civil commitment where person is “mentally ill and either dangerous or gravely disabled”).”
Commitment of K.F. v. St. Vincent Hosp. & Health Care Ctr., 909 N.E.2d 1063 (Ind. Ct. App. 2009). “Ind.Code § 12-26-7-5(a). It may enter an order for the individual's "eusto-dy, care, or treatment, or continued custody, care, or treatment in an appropriate facility" or for the individual to "enter an outpatient therapy program under IC 12-26-14.”
Thomas ex rel. Thomas v. Murphy, 918 N.E.2d 656 (Ind. Ct. App. 2009). “" Indiana Code § 12-26-7-5(a) (2009). Those orders continue until the individual is discharged from the facility or the court terminates the commitment.”
J.E. v. State of Indiana (mem. dec.), No. 02A03-1409-CR-339 (Ind. Ct. App. June 30, 2015).
Jesse L. Payne v. State of Indiana, 144 N.E.3d 706 (Ind. 2020). “§ 12-26-2-5(e); I.C. § 12-26-7-5(a). A regular commitment continues until the individual is “discharged from the facility” or “released from the therapy program,” or when the court orders a termination or release.”
Ind. Code § 12-26-7-5(b): 7 cases
State v. Davis, 898 N.E.2d 281 (Ind. 2008). “See Ind.Code § 12-26-7-5 (2007) (providing civil commitment where person is “mentally ill and either dangerous or gravely disabled”).”
A.J. v. Logansport State Hosp., 956 N.E.2d 96 (Ind. Ct. App. 2011). “" Ind. Code § 12-26-7-5 . Such an order continues until the individual has been discharged from the facility or the court enters an order terminating the commitment.”
Commitment of K.F. v. St. Vincent Hosp. & Health Care Ctr., 909 N.E.2d 1063 (Ind. Ct. App. 2009). “Ind.Code § 12-26-7-5(a). It may enter an order for the individual's "eusto-dy, care, or treatment, or continued custody, care, or treatment in an appropriate facility" or for the individual to "enter an outpatient therapy program under IC 12-26-14.”
Charles Gross v. State of Indiana, 41 N.E.3d 1043 (Ind. Ct. App. 2015). “Gross is already under a regular civil commitment order, 5 which, pursuant to Indiana Code section 12-26-7-5(b) continues until such time as he has been discharged from the institution and the trial court which entered the original commitment order enters an order terminating…”
Thomas ex rel. Thomas v. Murphy, 918 N.E.2d 656 (Ind. Ct. App. 2009). “" Indiana Code § 12-26-7-5(a) (2009). Those orders continue until the individual is discharged from the facility or the court terminates the commitment.”
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