33-23-16-1. “Board”
Sec. 1. As used in this chapter, “board” refers to the board of directors of the judicial conference of Indiana under IC 33-38-9-4. As added by P.L.108-2010, SEC.4.
33-23-16-10. “Veterans’ Court”
Sec. 10. As used in this chapter, “veterans’ court” means a problem solving court focused on addressing the needs of veterans in the court system by: (1) bringing together substance abuse rehabilitation professionals, mental health professionals, local social programs, and intensive judicial monitoring; and (2) linking eligible veterans to individually tailored programs or services. As […]
33-23-16-11. Establishment of a Problem Solving Court
Sec. 11. A city court or county court may establish a problem solving court. A problem solving court established under this section may be: (1) a drug court; (2) a mental health court; (3) a family dependency drug court; (4) a community court; (5) a reentry court; (6) a domestic violence court; (7) a veterans’ […]
33-23-16-12. Jurisdiction and Eligibility Requirements for Problem Solving Courts
Sec. 12. (a) A problem solving court and accompanying services of the problem solving court are available only to individuals over whom the court that established the problem solving court has jurisdiction. (b) A problem solving court with criminal jurisdiction that does not have felony jurisdiction may assume jurisdiction over an individual convicted of a […]
33-23-16-13. Individual Eligibility Requirements
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; […]
33-23-16-14. Deferred Prosecution
Sec. 14. (a) A court, without entering a judgment of conviction, may defer proceedings against an individual and place the individual in a problem solving court program under this section only if: (1) the individual meets the conditions for eligibility set forth in section 13(1) and 13(2) of this chapter; (2) the individual pleads guilty […]
33-23-16-14.5. Termination of Participation
Sec. 14.5. (a) A problem solving court may terminate an individual’s participation in a problem solving court program if the individual has violated at least one (1) of the conditions of the individual’s: (1) participation agreement; or (2) case management plan. (b) If it is alleged that an individual has violated at least one (1) […]
33-23-16-15. Individuals With Nonsuspendible Sentences
Sec. 15. (a) A problem solving court may place an individual in a problem solving court program under this section if the individual is convicted of an offense that is nonsuspendible and the individual meets the conditions for eligibility set forth in section 13(1) and 13(2) of this chapter. (b) If the requirements of subsection […]
33-23-16-16. Certification of Problem Solving Courts; Personnel Certification
Sec. 16. (a) As used in this section, “effective date” means the date established by the board after which minimum employment qualifications are required for persons employed by a problem solving court program. (b) A program established under this chapter is subject to the regulatory powers of the office of judicial administration established by IC […]
33-23-16-17. Duties of the Office of Judicial Administration
Sec. 17. The office of judicial administration shall: (1) ensure that problem solving courts comply with the rules adopted under this chapter and applicable federal regulations; (2) certify problem solving courts according to the requirements and procedures established under section 16(c)(1) of this chapter; and (3) require, as a condition of operation, that each problem […]
33-23-16-18. Authority of the Office of Judicial Administration to Revoke the Certification of a Problem Solving Court; Implementation Authority
Sec. 18. The office of judicial administration may: (1) revoke the certification of a problem solving court if the office of judicial administration determines that the problem solving court does not comply with rules adopted under this chapter and applicable federal regulations; and (2) enter into agreements or contracts with: (A) another department, authority, or […]
33-23-16-19. Petition to Establish a Problem Solving Court
Sec. 19. (a) A court shall notify the office of judicial administration of the court’s intention to establish a problem solving court during the planning for the establishment of the problem solving court. (b) A court seeking to establish a problem solving court must submit a petition for approval to the office of judicial administration […]
33-23-16-2. “Chemical Test”
Sec. 2. As used in this chapter, “chemical test” means an analysis of an individual’s: (1) blood; (2) breath; (3) hair; (4) sweat; (5) saliva; (6) urine; or (7) other bodily substance; to determine the presence of alcohol, a drug, or a controlled substance (as defined in IC 35-48-1-9). As added by P.L.108-2010, SEC.4. Amended […]
33-23-16-20. Services Provided by a Problem Solving Court
Sec. 20. (a) A problem solving court may provide the following services to individuals participating in problem solving court programs: (1) Screening for eligibility and other appropriate services. (2) Assessment. (3) Education. (4) Referral. (5) Service coordination and case management. (6) Supervision. (7) Judicial involvement. (8) Program evaluation. (9) Rehabilitative services. (b) A problem solving […]
33-23-16-21. Powers of a Problem Solving Court
Sec. 21. A court may take steps necessary to carry out the functions of the problem solving court, including the following: (1) Hiring employees as needed to perform the required functions of the problem solving court. (2) Establishing policies and procedures for the problem solving court. (3) Adopting local court rules as necessary for the […]
33-23-16-22. Funding of Problem Solving Courts
Sec. 22. (a) The costs of a problem solving court 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) A problem […]
33-23-16-23. Fees
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 […]
33-23-16-23.5. Parents and Guardians; Financial Responsibility for Fees and Expenses Assessed Against a Child
Sec. 23.5. (a) A parent or guardian of a child: (1) who is: (A) adjudicated a delinquent child; or (B) in a program of informal adjustment approved by a juvenile court under IC 31-37-9; and (2) who is accepted into a problem solving court program; is financially responsible for the problem solving court services fee […]
33-23-16-24. Chemical Testing; Expenses
Sec. 24. (a) A problem solving court may require an individual participating in a problem solving court program to undergo chemical testing. (b) An individual may be liable for the cost of any or all chemical tests required by the problem solving court under subsection (a), including: (1) laboratory expenses; and (2) problem solving court […]
33-23-16-24.5. Requirements of Individuals Participating
Sec. 24.5. A problem solving court may require an individual participating in a problem solving court to receive: (1) addiction counseling; (2) inpatient detoxification; (3) case management; (4) daily living skills; and (5) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol […]