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IC 12-23-14.5-1
Authority to establish program
Sec. 1. A court having felony, misdemeanor, or juvenile
jurisdiction in a city or county may establish a drug court under the
court's operation.
As added by P.L.168-2002, SEC.8.
IC 12-23-14.5-2
Rules and special orders
Sec. 2. A court establishing a drug court under this chapter may
establish uniform rules and may make special orders and rules as
necessary.
As added by P.L.168-2002, SEC.8.
IC 12-23-14.5-3
Individuals eligible
Sec. 3. (a) Except as provided in subsection (b), a drug court
established under this chapter and accompanying services are open
only to individuals over whom the court that established the drug
court has jurisdiction.
(b) A drug court that does not otherwise have felony jurisdiction
may accept an eligible individual who is referred to the drug court
from another court within the county if the following criteria are met:
(1) The drug court returns the case to the court that made the
referral for appropriate proceedings when the person has
successfully completed drug court or the person's participation
in the drug court has been terminated.
(2) If the drug court is a city or town court, the person selected
as judge for the court is required to be an attorney under
IC 33-35-5-7.
As added by P.L.168-2002, SEC.8. Amended by P.L.133-2003,
SEC.1; P.L.98-2004, SEC.90.
IC 12-23-14.5-4
Range of services provided
Sec. 4. (a) A drug court established under this chapter may
provide for eligible individuals a range of necessary intervention
services, including the following:
(1) Screening for eligibility and other appropriate services.
(2) Clinical assessment.
(3) Education.
(4) Referral.
(5) Service coordination and case management.
(b) A drug court that is eligible under section 5 of this chapter
may also provide treatment and rehabilitation services, including the
following:
(1) Emergency services.
IC 12-23-14.5-5
Direct treatment or rehabilitation services; inadequacy of existing
community resources
Sec. 5. A drug court established under this chapter may not
provide direct treatment or rehabilitation services unless:
(1) the drug court is certified by the division; and
(2) the court that established the drug court determines that
existing community resources are inadequate to respond
satisfactorily to the demand for the services from the court.
As added by P.L.168-2002, SEC.8.
IC 12-23-14.5-6
Notice of intent to establish drug court; written statement from
Indiana judicial center; continued operation of existing drug court
Sec. 6. (a) Except as provided in subsection (c), a court shall
notify the Indiana judicial center during the planning stages of the
court's intention to establish a drug court.
(b) Before a drug court may begin operation, the court must obtain
a written statement from the Indiana judicial center approving the
operation of the drug court.
(c) A drug court in operation before July 1, 2002, may continue
to operate pending certification if the drug court does the following:
(1) Before October 2, 2002, notifies the Indiana judicial center
of the date the drug court began operation.
(2) Follows procedures for certification as provided in rules
adopted under section 9(d) of this chapter, including submission
of an application for certification as required by the rules.
As added by P.L.168-2002, SEC.8.
IC 12-23-14.5-7
Petition for approval
Sec. 7. In addition to satisfying the requirements of section 6 of
this chapter, a court seeking to establish a drug court must submit a
petition for approval of the drug court. The petition must contain the
following:
(1) A full description of a proposed drug court.
(2) Evidence that the court has considered:
(A) how to best use services that could be provided by any
existing court alcohol and drug services program; and
(B) the role that an existing alcohol and drug services
program will play in the development and implementation of
the drug court.
(3) A proposed budget for the drug court.
(4) Details on the implementation of the drug court.
As added by P.L.168-2002, SEC.8.
IC 12-23-14.5-9
Regulatory powers of Indiana judicial center; rules; educational
and occupational qualifications; delegation of authority
Sec. 9. (a) As used in this section, "board" refers to the board of
directors of the judicial conference of Indiana under IC 33-38-9-3.
(b) As used in this section, "effective date" means the date
established by the board after which minimum employment standards
will be required for a person employed by a drug court.
(c) A drug court established under this chapter is subject to the
regulatory powers of the Indiana judicial center under IC 33-38-9-9.
(d) With regard to drug courts established under this chapter, the
Indiana judicial center may do the following:
(1) Ensure that drug courts comply with rules adopted under
this section and applicable federal regulations.
(2) Certify drug courts established under this chapter.
(3) Revoke the certification of a drug court upon a
determination that the drug court does not comply with rules
adopted under this section and applicable federal regulations.
(4) Make agreements and contracts with:
(A) another department, authority, or agency of the state;
(B) another state;
(C) the federal government;
(D) a state educational institution or a private postsecondary
educational institution; or
(E) a public or private agency;
to implement this chapter.
(5) Require as a condition of operation that each drug court
created or funded under this chapter be certified according to
rules established by the Indiana judicial center.
(6) Adopt rules to implement this chapter.
(e) The board shall adopt rules concerning standards,
requirements, and procedures for initial certification, recertification,
and decertification of drug courts.
(f) The board may adopt rules concerning educational and
occupational qualifications needed to be employed by a drug court;
however, any contract service provider must be licensed by the state
or approved by the judicial center. If the board adopts qualifications
under this subsection:
(1) the board shall establish an effective date after which a
person employed by a drug court must meet the minimum
qualifications adopted under this subsection; and
(2) the minimum employment qualifications adopted under this
subsection do not apply to a person who is employed:
IC 12-23-14.5-10
Program costs; discretion of fiscal body; compensation of
employees
Sec. 10. (a) The costs of a drug court established under this
chapter may, at the discretion of the fiscal body of the unit, be
supplemented out of the city general fund or the county general fund
and may be further supplemented by payment from the user fee fund
upon appropriation made under IC 33-37-8.
(b) The court shall fix the compensation of employees of the drug
court.
As added by P.L.168-2002, SEC.8. Amended by P.L.98-2004,
SEC.92.
IC 12-23-14.5-11
Financial assistance; private and government sources
Sec. 11. A drug court may apply for and receive the following:
(1) Gifts, bequests, and donations from private sources.
(2) Grant and contract money from governmental sources.
(3) Other forms of financial assistance approved by the court to
supplement the court's budget.
As added by P.L.168-2002, SEC.8.
IC 12-23-14.5-12
Fees charged for services; fee schedule; maximum fee; deposit of
fees
Sec. 12. (a) A court that has established a drug court under this
chapter may require an eligible individual to pay a fee for drug court
services.
(b) If a fee is required, the court shall adopt by court rule a
schedule of fees to be assessed for drug court services.
(c) The fee for drug court services may not exceed five hundred
dollars ($500) per referral to the drug court.
(d) The clerk of the court shall collect fees under this section. The
clerk shall transmit the fees 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.
As added by P.L.168-2002, SEC.8. Amended by P.L.98-2004,
SEC.93.
IC 12-23-14.5-13
Indiana judicial center drug court fund
Sec. 13. (a) The Indiana judicial center drug court fund is
established for the purpose of administering, certifying, and
supporting drug courts under this chapter. The fund shall be
administered by the Indiana judicial center.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(c) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
As added by P.L.168-2002, SEC.8.
IC 12-23-14.5-14
Eligibility for participation in a drug court
Sec. 14. (a) A person is eligible to participate in a drug court only
if:
(1) the person meets all criteria established by the drug court;
(2) the judge approves the admission of the person to the drug
court; and
(3) the offense for which the person is referred to drug court is
not any of the following:
(A) A forcible felony (as defined in IC 35-41-1-11).
(B) Any offense that a local drug court committee agrees to
exclude from participation.
The local drug court committee referred to in subdivision (3)(B)
must include the drug court judge, the local prosecuting attorney, and
a local criminal defense attorney.
(b) If a person is eligible to participate in a drug court, a person
may be referred to the drug court as a result of any of the following:
(1) The procedure described in section 15 of this chapter.
(2) As a term of probation.
(3) In response to a violation of a condition of probation.
As added by P.L.168-2002, SEC.8. Amended by P.L.85-2004, SEC.5.
IC 12-23-14.5-15
Withholding judgment of conviction; dismissal of charges
Sec. 15. (a) A drug court may follow the procedure described in
this section only if:
(1) a person pleads guilty to an offense in which the use of
alcohol or drugs was a contributing factor or material element
of the offense;
(2) the court refers the person to a drug court;
(3) the prosecuting attorney consents to the referral;
(4) the person who pleads guilty under subdivision (1) consents
to the referral;
(5) the person who pleads guilty under subdivision (1) is
eligible to participate in the drug court under section 14(b) of
this chapter and the drug court accepts the referral; and
(6) the person has not had a previous dismissal under this
section.
(b) Notwithstanding IC 35-38-1-1(a), the court, without entering
a judgment of conviction, may defer further proceedings and place
the person in a drug court subject to conditions established by the
drug court.
(c) The drug court, the prosecuting attorney, and the participant
must all agree upon the duration of the conditions established under
subsection (b).
(d) If the drug court determines, after a hearing, that:
(1) the person violated a condition established under subsection
(b); or
(2) the period of time that the conditions established under
subsection (b) were in effect expired before the person
successfully completed each condition established by the drug
court;
the drug court may terminate the person's participation in the drug
court.
(e) When a person's participation in a drug court has been
terminated by the drug court under subsection (d), the drug court
shall:
(1) enter a judgment of conviction against the person; or
(2) refer the case back to the court that referred the case to the
drug court to allow the referring court to enter a judgment of
conviction against the person.
(f) When a person fulfills the conditions established by a drug
court under subsection (b), the drug court shall:
(1) dismiss the charges against the person; or
(2) refer the case back to the court that referred the case to the
drug court to allow the referring court to dismiss the charges
against the person.
As added by P.L.168-2002, SEC.8. Amended by P.L.133-2003,
SEC.3.
IC 12-23-14.5-16
Chemical tests; costs; reporting of chemical test results
Sec. 16. (a) As a condition of participation in a drug court, a
participant may be required to undergo a chemical test or a series of
chemical tests as specified by the court. A participant is liable for the
costs of all chemical tests required under this section, regardless of
whether the costs are paid to the court or the laboratory.
(b) A laboratory that performs a chemical test under this section
shall report the results of each test to the court.
As added by P.L.168-2002, SEC.8.
IC 12-23-14.5-17
Right to participate in drug court; immunity from liability
Sec. 17. (a) A person does not have a right to participate in a drug
court under this chapter.
(b) The coordinator and members of the professional and
administrative staff of the court who perform duties in good faith
under this chapter are immune from civil liability for:
(1) acts or omissions in providing services under this chapter;
and
(2) the reasonable exercise of discretion in determining
eligibility to participate in a drug court.
As added by P.L.168-2002, SEC.8.