First Regular Session 118th General Assembly (2013)
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HOUSE ENROLLED ACT No. 1016
AN ACT to amend the Indiana Code concerning courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 33-23-16-9.1; (13)HE1016.1.1. -->
SECTION 1. IC 33-23-16-9.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 9.1. As used in this chapter,
"rehabilitative service" means a class, program, or service
(1) to an individual participating in a problem solving court
(A) the problem solving court; or
(B) another entity to which the individual has been
referred by the problem solving court;
to address the rehabilitative needs of the individual, including
classes, programs, or services concerning education, criminal
thinking and behavior, employment, and parenting and family
SOURCE: IC 33-23-16-13; (13)HE1016.1.2. -->
SECTION 2. IC 33-23-16-13, AS AMENDED BY P.L.136-2012,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 13. An individual is eligible to participate in a
problem solving court program only if:
(1) the individual meets all of the eligibility criteria established by
the board under section 12 of this chapter;
(2) the judge of the problem solving court approves the admission
of the individual to the problem solving court program; and
(3) the individual is referred to the problem solving court as a
result of at least one (1) of the following:
(A) A condition of a pretrial diversion program authorized by
statute or authorized by the judge of the problem solving court
and the prosecuting attorney.
(B) The procedure described in section 14 of this chapter.
(C) The procedure described in section 15 of this chapter.
(D) A condition of probation.
(E) A condition of participation in a community corrections
program under IC 11-12-1.
(F) A condition of participation in a forensic diversion
program under IC 11-12-3.7.
(G) A condition of a community transition program under
(H) A condition of parole.
(I) An order in a dispositional decree under IC 31-34-20 to
participate in a family dependency drug court if the individual
is a parent, guardian, or another household member of a child
adjudicated a child in need of services.
(J) A condition of an informal adjustment program under
(K) Involvement in:
(i) a child support proceeding;
(ii) a mental health commitment; or
(iii) a civil protection proceeding.
(L) A condition of an informal adjustment program under
(M) A condition of a misdemeanor sentence.
(N) A condition of a program authorized by the:
(i) judge of a problem solving court; and
(ii) department of correction or the county sheriff.
SOURCE: IC 33-23-16-20; (13)HE1016.1.3. -->
SECTION 3. IC 33-23-16-20, AS ADDED BY P.L.108-2010,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 20. (a) A problem solving court may provide the
following services to individuals participating in problem solving court
(1) Screening for eligibility and other appropriate services.
(5) Service coordination and case management.
(7) Judicial involvement.
(8) Program evaluation.
(9) Rehabilitative services.
(b) A problem solving court may not provide direct treatment
rehabilitation services unless:
(1) the problem solving court is certified by the division of mental
health and addiction under IC 12-23-1-6;
(2) the problem solving court uses licensed medical professionals
who provide mental health treatment to individuals with
psychiatric disorders; and
(3) the court that establishes the problem solving court determines
that existing community resources are inadequate to respond
satisfactorily to the demand for services from the court.
SOURCE: IC 33-23-16-23; (13)HE1016.1.4. -->
SECTION 4. IC 33-23-16-23, AS AMENDED BY P.L.136-2012,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 23. (a) The board shall adopt rules establishing a
range of fees that may be assessed to an eligible individual to receive
problem solving court services under this chapter.
(b) A court that has established a problem solving court under this
chapter may require eligible individuals to pay a fee for problem
solving court services.
(c) If a fee is required under subsection (b), the court shall adopt by
local court rule a schedule of fees, consistent with the rules adopted by
the board under subsection (a), to be assessed for problem solving court
(d) The problem solving court or the clerk of the court shall collect
fees under this section.
If the problem solving court collects fees under
this section, the problem solving court shall transfer all collected fees
to the clerk of the court not later than fourteen (14) days after the fees
are collected. The clerk of the court shall transfer the fees must be
transferred within thirty (30) days after the fees are collected, for
deposit by the auditor or fiscal officer in the appropriate user fee fund
established under IC 33-37-8.
(e) Fees collected under this section must be used only to fund
problem solving court services under this chapter.
SOURCE: ; (13)HE1016.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2013] (a) The general
assembly urges the legislative council to require the commission on
courts established by IC 33-23-10-1, during the 2013 legislative
interim, to evaluate the funding of veteran's courts and to make
recommendations to the general assembly.
(b) This SECTION expires December 31, 2013.
HEA 1016 _ Concur
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