Senate Enrolled Act 285 (“SEA 285”) will expand the statutory definition of “gravely disabled”. The law also creates a new statutory framework prohibiting unauthorized camping or sleeping on public property. This new misdemeanor expressly requires law enforcement officers to first assess whether emergency detention is appropriate before pursuing criminal penalties under the street-camping provisions. As a result, hospital emergency departments and inpatient psychiatric facilities will see an increase in law-enforcement-initiated transports for emergency detention, particularly where the individual is unsheltered and exposed to dangerous weather conditions.
Updated Definition of Gravely Disabled
Effective July 1, 2026, Indiana will expand the definition of “gravely disabled.” IC § 12-7-2-96. The existing definition includes individuals who, as a result of mental illness, are in danger of coming to harm either:
- Because they are unable to provide for food, clothing, shelter or other essential human needs; or
- Because they have a substantial impairment or obvious deterioration in judgment, reasoning or behavior that results in an inability to function independently.
SEA 285 adds a new third disjunctive basis for determining if an individual is gravely disabled. An individual may be considered gravely disabled when the individual:
- Lacks a fixed, regular and adequate shelter, resulting in the individual remaining outdoors in places not designed for or ordinarily used for sleeping during weather conditions that are likely to result in death or serious physical injury, if:
- The individual has refused transportation to a shelter or mental health service provider; and
- A shelter or mental health service provider was reasonably offered and available.
This amendment expressly links exposure-related risk, being unhoused and refusing available services to the involuntary treatment framework. The statutory change does not create a freestanding basis to emergently detain unhoused individuals, but links the risks of being unhoused to grave disability more clearly than the current definition.
Related Statutory Changes
Simultaneously, the General Assembly has added IC § 36-1-31.5 – Prohibition of Street Camping. While these new statutes prohibit individuals from sleeping, camping or sheltering on public property, they only impose criminal penalties if law enforcement first determines not to initiate an emergency detention pursuant to IC §12-26-5-0.5. Additionally, criminal penalties may not be imposed unless: (1) at least 48 hours have passed since law enforcement first warned the individual; (2) the individual remains within 300 feet of the location where the warning was issued; and (3) law enforcement offered the individual information about available shelters and other services.
Impact on Behavioral Health Organizations and Emergency Departments
Behavioral health facilities and hospitals will likely experience an increase in law-enforcement-initiated emergency detentions. Because the statutory changes specifically require law enforcement officers to consider emergency detention and explicitly link the definition of gravely disabled to dangerous weather conditions, these changes will likely also create increased patient admissions during extreme cold, heat or other weather events.
Practical Takeaways
- Update Policies and Train Staff: Organizations should review and, if needed, revise emergency detention intake and assessment protocols to reflect the expanded definition of “gravely disabled,” while emphasizing that the lack of shelter alone is not a sufficient basis for emergency detention.
- Document Key Facts: Staff should document a patient’s shelter status, weather-related risk and what services were offered and refused as part of their intake and assessment process.
If you have questions or would like more information about this topic, please contact:
- Ryan McDonald at (317) 429-3671 or rmcdonald@hallrender.com;
- Kathryn Daggett at (317) 977-1415 or kdaggett@hallrender.com; or
- Your primary Hall Render contact.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer specific questions that would be legal advice.
