2016 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 36. PRETRIAL NOTICES, MOTIONS, AND PROCEDURES CHAPTER 12. COURT APPOINTED FORENSIC ADVOCATE FOR PERSONS WITH INTELLECTUAL DISABILITIES, DEVELOPMENTAL DISABILITIES, OR AUTISM SPECTRUM DISORDERS
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IC 35-36-12
Chapter 12. Court Appointed Forensic Advocate for Persons
With Intellectual Disabilities, Developmental Disabilities, or
Autism Spectrum Disorders
IC 35-36-12-1
Court appointment of forensic advocate
Sec. 1. A court may appoint a court appointed forensic advocate
at any time to assist a person with an intellectual disability, a
developmental disability, or an autism spectrum disorder who has
been charged with a criminal offense.
As added by P.L.187-2015, SEC.46.
IC 35-36-12-2
Court appointed forensic advocate duties
Sec. 2. A court appointed forensic advocate shall assist the person
with an intellectual disability, a developmental disability, or an
autism spectrum disorder to whom the advocate has been appointed.
As added by P.L.187-2015, SEC.46.
IC 35-36-12-3
Court appointed forensic advocate recommendations
Sec. 3. A court appointed forensic advocate may recommend to
the court treatment programs and other services that may reduce
recidivism and are available to the person with an intellectual
disability, a developmental disability, or an autism spectrum
disorder.
As added by P.L.187-2015, SEC.46.
IC 35-36-12-4
Court appointed forensic advocate term of service
Sec. 4. A court appointed forensic advocate serves until the court
enters an order for removal.
As added by P.L.187-2015, SEC.46.
IC 35-36-12-5
Court appointed forensic advocate an officer of the court
Sec. 5. The court appointed forensic advocate is considered an
officer of the court for the purpose of assisting the person with an
intellectual disability, a developmental disability, or an autism
spectrum disorder.
As added by P.L.187-2015, SEC.46.
IC 35-36-12-6
Court appointed special advocate assistance
Sec. 6. A court appointed forensic advocate appointed by a court
under this chapter may continue to assist the person with an
intellectual disability, a developmental disability, or an autism
Indiana Code 2016
spectrum disorder while the person is undergoing treatment or
serving the person's sentence, if applicable.
As added by P.L.187-2015, SEC.46.
IC 35-36-12-7
Immunity from civil liability
Sec. 7. Except for gross misconduct:
(1) a court appointed forensic advocate;
(2) an employee of a county court appointed forensic advocate
program; and
(3) a volunteer for a court appointed forensic advocate program;
who performs in good faith duties relating to assistance of a person
with an intellectual disability, a developmental disability, or an
autism spectrum disorder is immune from any civil liability that may
occur as a result of that person's performance.
As added by P.L.187-2015, SEC.46.
IC 35-36-12-8
User fee
Sec. 8. The court may order the person assisted by the court
appointed forensic advocate to pay a user fee to the:
(1) court appointed forensic advocate program; or
(2) individual who served as a court appointed forensic
advocate;
for the services provided under this chapter.
As added by P.L.187-2015, SEC.46.
IC 35-36-12-9
User fee collection
Sec. 9. The court shall establish one (1) of the following
procedures to be used to collect the user fee:
(1) The court may order the person with an intellectual
disability, a developmental disability, or an autism spectrum
disorder to pay the user fee to the court appointed forensic
advocate program that provided the services.
(2) The court may order the person with an intellectual
disability, a developmental disability, or an autism spectrum
disorder to pay the user fee to the individual court appointed
forensic advocate that provided the services.
As added by P.L.187-2015, SEC.46.
IC 35-36-12-10
Receipt of user fee payment
Sec. 10. If the court orders the person with an intellectual
disability, a developmental disability, or an autism spectrum disorder
to pay a user fee under this chapter, the program or the individual
shall report to the court the receipt of payment not later than thirty
(30) days after receiving the payment.
Indiana Code 2016
As added by P.L.187-2015, SEC.46.
Indiana Code 2016
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