Ind. Criminal Rule 3.3

Guilty but Mentally Ill

Effective January 1, 2024

(A) Entering a Plea.

A defendant may plead not guilty, guilty, or guilty but mentally ill.

(B) Considering and Accepting a Guilty or Guilty but Mentally Ill Plea.

(1) Advising and Questioning the Defendant.

Before the court accepts a plea of guilty or guilty but mentally ill, the court must advise the

defendant of the following:

(a) the nature of the charges;

(b) by pleading guilty the defendant waives the rights to public and speedy trial by jury, to

confront and cross-examine witnesses, to have compulsory process, to have proof by the

state of guilt beyond a reasonable doubt, not to be compelled to testify against himself/herself, and to appeal the conviction;

(c) the maximum and minimum possible sentences for the crimes charged, any possible

increased sentence by reason of prior convictions, and any possibility of consecutive sentences;

(d) in cases of domestic violence that the defendant will lose the right to possess a firearm

if convicted;

(e) if there is a plea agreement and the court accepts the agreement, the court will be

bound by the terms of the plea agreement at sentencing and with respect to sentence

modification; and

(f) that if the defendant is not a citizen of the United States, conviction on the charges may

change the defendant’s immigration status. The defendant may either be in a less favor-

able immigration status or subject to being deported from the United States. The court

must provide the defendant time to consult with counsel about immigration matters when

the defendant requests.

(2) Waiver of rights.

A defendant must waive the rights set forth in section (B)(1) personally, knowingly, voluntarily, and intelligently. In a plea to a felony, the defendant must orally waive the rights. In a

plea to a misdemeanor, the defendant may waive the rights by signing a written waiver.

(3) Ensuring representation.

The Court must not accept a plea of guilty or guilty but mentally ill from an unrepresented

defendant unless:

(a) the court has advised and ensured that the defendant understands the disadvantages

of pleading guilty without the advice of counsel; and

(b) the defendant has personally, knowingly, voluntarily, and intelligently waived the right

to counsel.

(4) Ensuring That a Plea Is Voluntary.

Before accepting a plea of guilty or guilty but mentally ill, the court must address the defendant personally on the record and determine that the plea is voluntary and did not result from

force, threats, or promises (other than promises in a plea agreement).

(5) Determining the Factual Basis for a Plea.

Before entering judgment on a guilty plea, the court must find a factual basis for the plea. A

defendant may not plead guilty while asserting innocence.

(C) Plea Agreement Procedure.

(1) In General.

The defendant may plead guilty to all charged offenses without a plea agreement or to at

least one of the charged offenses pursuant to a plea agreement negotiated with the state.

The court must not participate in plea discussions. A plea agreement to a felony conviction

must be in writing and filed with the court.

(2) Judicial Consideration of a Plea Agreement.

(a) Taking plea under consideration. The court may take the plea under advisement until the

sentencing hearing and/or review of the pre-sentence investigation report.

(b) Accepting a Plea Agreement. If the court accepts the plea agreement, the court is bound

by and must follow the terms of the agreement.