Madison County Mental Health Task Force

The Madison County Prosecutor's Office recently formed a Mental Health Task Force in collaboration with the Madison County Sheriff's Department and the Anderson Police Department along with various other law enforcement agencies and local healthcare providers.  The mission of Madison County's Mental Health Task Force is to help identify individuals at risk of harming themselves or others and take legal action, where appropriate, while assisting those who do not present an immediate danger to secure the treatment they need. 

If you see something, say something.  Report concerning behavior to 911.

"Jake Laird" Red Flag Law

IMPD Officer Timothy "Jake" Laird

9-17-1972 to 8-18-2004

In January 2004, IMPD officers were sent to the home of an individual who suffered from schizophrenia and had not been taking his medications.  The individual was placed on an immediate medical detention and a number of weapons were seized from his home.  Absent legal authority to keep the weapons once the individual was released from the hospital, IMPD had to return the weapons to him.  Months later, the individual opened fire in his neighborhood and shot three IMPD officers and killed a fourth, Jake Laird.  Officer Laird was survived by his wife, daughter, five brothers, two sisters, and his parents and grandparents.

In response to this incident, the Indiana General Assembly passed Indiana's "Jake Laird" Red Flag Law.  The law allows for the seizure and retention of firearms from dangerous and mentally ill persons.  The statute defines the process by which law enforcement can seize and retain firearm(s) from a person who is determined to be a dangerous.

Indiana Code § 35-47-14-1 defines a “Dangerous Individual” :

(a) For the purposes of this chapter, an individual is “dangerous” if:

        (1) the individual presents an imminent risk of personal injury to the individual or to another individual; or

        (2) It is probable that the individual will present a risk of personal injury to the individual or to another individual in the future and the individual:

(A) has a mental illness that may be controlled by medication, and has not demonstrated a pattern of voluntarily and consistently taking the individual’s medication     while not under supervision; or

(B) is the subject of documented evidence that would give rise to a reasonable belief that the individual has a propensity for violent or suicidal conduct.

(b) The fact that an individual has been released from a mental health facility or has a mental illness that is currently controlled by medication does not establish that the individual is dangerous for the purposes of this chapter.

Weapons can be seized from a “dangerous individual" either by a warrantless seizure or with a search warrant. 

A court may issue a warrant to search for and seize a firearm in possession of a dangerous individual if law enforcement provides a sworn affidavit. The affidavit must state why the officer believes the individual is dangerous and possesses a firearm. The officer can base the belief on his/her own interactions with the person. The officer can also base his/her belief on information obtained from another person whom the officer finds credible.

The standard is "probable cause"  and the court may issue the warrant if the judicial officer finds probable cause to believe the individual is dangerous and possesses a weapon. The officer must file a return within 48 hours showing the type and number of firearms seized. 

A law enforcement officer may seize a firearm from a person he/she believes is dangerous without a warrant. The officer must submit an affidavit to the Circuit Court within 48 hours after seizing the firearm, stating the type and number seized. The court must review the affidavit “as soon as possible.” If the court finds probable cause exists to believe the individual is dangerous, the court shall order the law enforcement agency to retain the firearm. If the court finds probable cause doesn’t exist, the court shall order the firearm returned within five (5) days after the order’s date. A warrantless search is not authorized if a warrant would otherwise be required.

After a seizure, the Prosecuting Attorney opens a “miscellaneous criminal case” with a Petition and along with the affidavit supporting the warrantless search or the affidavit and previously issued search warrant. The court must conduct a hearing within 14 days, or as soon as possible after that, and give the prosecutor and the individual notice as to the hearing date, time, and location. The individual may ask the court to continue the hearing, and a request for a continuance up to 60 days.  The court can hold the hearing someplace other than the courtroom, e.g., in the hospital, in a location “not likely to have a harmful effect on the individual’s health or well-being.”

At the hearing, the State presents evidence to show the individual is dangerous within the statute’s definition. The Prosecutor has the burden of proving all material facts by clear and convincing evidence. If the State carries its burden of proof, the Court enters an order which: 

• Finds the individual dangerous;
• Orders law enforcement to retain the firearm;
• Decides whether to refer the individual for a commitment proceeding; and
• Enjoins the individual from renting, receiving the transfer of, owning, or possessing a firearm.

If the individual possessing the firearm is dangerous but does not own the firearm, the court may order the law enforcement agency to return the firearm to the rightful owner.

Petition for return of the firearm(s)

If the court grants the State’s petition to retain the firearm, the individual must wait at least 180 days before filing a petition for a finding that he/she is no longer dangerous. If the individual files a petition, the court must set it for hearing and give notice to the prosecutor. In a hearing on a petition under this section filed:

(1) not later than one (1) year after the date of the order, the individual must prove by a preponderance of the evidence that the individual is no longer dangerous; and

(2) later than one (1) year after the date of the order, the state must prove by clear and convincing evidence that the individual is still dangerous.

At this hearing, the Prosecutor cannot rely solely on the evidence at the first hearing to show the individual is still dangerous. The individual’s burden is “preponderance of the evidence.” If the individual comes forward with evidence to show he/she is no longer dangerous, the State must show by clear and convincing evidence that the individual is still dangerous. The Court of Appeals held the I.C. 34-47-14-8 hearing requires a new determination of whether the individual is dangerous.

If the Court finds that the individual is no longer dangerous, it shall issue an order finding the individual is no longer dangerous, order the law enforcement agency to return the firearm as quickly as practicable, at least within five (5) days, terminate any injunction issued barring the individual from possessing a firearm; and terminate the suspension of the individual’s license to carry a firearm so he/she can reapply for a license. 

If the court denies the petition, the individual may not file a subsequent petition for at least 180 days after the court denied the petition.

Criminal Penalties

Unlawful possession of a firearm by a dangerous person, a Class A Misdemeanor

A person whom a court has found “dangerous” after a hearing under I.C. 35-47-14-6 and who knowingly or intentionally rents, purchases, receives transfer of, owns, or possesses a firearm commits unlawful possession of a firearm by a dangerous person, a Class A misdemeanor. See I.C. § 35-47-4-6.5.

Unlawful transfer of a firearm to a dangerous person, a Level 5 Felony

A person who knowingly or intentionally rents, transfers, sells, or offers for sale a firearm to another person who the person knows to be found dangerous following the I.C. 35-47-14-6 hearing commits unlawful transfer of a firearm to a dangerous person, a Level 5 felony. See I.C. § 35-47-4-6.7.

If you believe someone you know could be a danger to themself or others, call 911 or Madison County Dispatch at (765) 642-0221. 

National Suicide Prevention Lifeline:  (800) 273-8255.