LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6534 NOTE PREPARED: Dec 31, 2020
BILL NUMBER: SB 217 BILL AMENDED:
SUBJECT: Determination of Competency to Stand Trial.
FIRST AUTHOR: Sen. Sandlin BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: Local
DEDICATED
FEDERAL
Summary of Legislation: This bill provides that a competency examination must be conducted by a
psychiatrist or psychologist, requires that the person who conducts the competency examination file a report
with the court, and allows the court to order a second competency examination under certain circumstances.
(Under current law, a competency examination must be conducted by two or three qualified persons, and one
or more physicians who are not psychologists or psychiatrists may conduct or participate in the examination.)
Effective Date: July 1, 2021.
Explanation of State Expenditures:
Explanation of State Revenues:
Explanation of Local Expenditures: The bill limits the number of qualified persons who may be appointed
as an expert in determining competency. As a result, local units may incur additional costs to appoint a
qualified psychiatrist or psychologist who has expertise in determining competency. However, the actual
impact will depend on court action.
Additional Information - IC 33-40-7-9 provides that an attorney appointed to provide representation may
request authorization from the judge hearing the case for expenditures for investigative services, expert
witnesses, or other services necessary to provide adequate legal representation.
Explanation of Local Revenues:
SB 217 1
State Agencies Affected:
Local Agencies Affected: Trial courts.
Information Sources:
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 217 2


Statutes affected:
1. Introduced Senate Bill (S): 35-36-3-1