2014 Indiana Code TITLE 33. COURTS AND COURT OFFICERS ARTICLE 23. GENERAL PROVISIONS CHAPTER 16. PROBLEM SOLVING COURTS
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IC 33-23-16
Chapter 16. Problem Solving Courts
IC 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.
IC 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 by P.L.187-2011,
SEC.3.
IC 33-23-16-3
"Community court"
Sec. 3. As used in this chapter, "community court" means a
problem solving court focused on addressing specific neighborhood
or local criminal problems by:
(1) bringing together criminal justice professionals, local social
programs, and intensive judicial monitoring; and
(2) linking eligible defendants or juveniles to individually
tailored programs or services.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-4
"Domestic violence court"
Sec. 4. As used in this chapter, "domestic violence court" means
a problem solving court focused on the safety of the victim and the
defendant's accountability by:
(1) bringing together criminal justice professionals, local social
programs, and intensive judicial monitoring;
(2) linking victims to programs and services; and
(3) linking eligible defendants and juveniles to programs and
services.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-5
"Drug court"
Sec. 5. (a) As used in this chapter, "drug court" means a problem
solving court focused on addressing the substance abuse issues of
defendants or juveniles in the criminal justice system by:
(1) bringing together substance abuse rehabilitation
professionals, local social programs, and intensive judicial
monitoring; and
(2) linking eligible defendants or juveniles to individually
tailored programs or services.
(b) The term does not include an alcohol abuse deterrent program
established under IC 9-30-9.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-6
"Family dependency drug court"
Sec. 6. As used in this chapter, "family dependency drug court"
means a problem solving court focused on supporting families that
include a child who has been adjudicated a child in need of services
and a parent, guardian, or other household member who has
substance abuse problems by:
(1) bringing together substance abuse rehabilitation
professionals, local social programs, and intensive judicial
monitoring; and
(2) linking eligible parents, guardians, other household
members, and juveniles to individually tailored programs or
services.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-7
"Mental health court"
Sec. 7. As used in this chapter, "mental health court" means a
problem solving court focused on addressing the mental health needs
of individuals in the court system by:
(1) bringing together mental health professionals, local social
programs, and intensive judicial monitoring; and
(2) linking eligible individuals to individually tailored programs
or services.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-8
"Problem solving court"
Sec. 8. As used in this chapter, "problem solving court" means a
court providing a process for immediate and highly structured
judicial intervention for eligible individuals that incorporates the
following problem solving concepts:
(1) Enhanced information to improve decision making.
(2) Engaging the community to assist with problem solving.
(3) Collaboration with social service providers and other
stakeholders.
(4) Linking participants with community services based on risk
and needs.
(5) Participant accountability.
(6) Evaluating the effectiveness of operations continuously.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-9
"Reentry court"
Sec. 9. As used in this chapter, "reentry court" means a problem
solving court that is focused on the needs of individuals who reenter
the community after a period of incarceration and that may provide
a range of necessary reintegration services for eligible individuals,
including the following:
(1) Supervision.
(2) Offender assessment.
(3) Judicial involvement.
(4) Case management and services.
(5) Program evaluation.
(6) Counseling.
(7) Rehabilitative care.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-9.1
"Rehabilitative service"
Sec. 9.1. As used in this chapter, "rehabilitative service" means a
class, program, or service provided:
(1) to an individual participating in a problem solving court
program; and
(2) by:
(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 support.
As added by P.L.95-2013, SEC.1.
IC 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 added by P.L.108-2010, SEC.4.
IC 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 a:
(1) drug court;
(2) mental health court;
(3) family dependency drug court;
(4) community court;
(5) reentry court;
(6) domestic violence court;
(7) veteran's court; or
(8) any other court certified as a problem solving court by the
Indiana judicial center under section 17 of this chapter.
As added by P.L.108-2010, SEC.4.
IC 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 felony from another court within the county
if the problem solving court returns the case to the referring court for
additional proceedings when:
(1) the individual has successfully completed the problem
solving court's program; or
(2) the individual's participation in the problem solving court
program is terminated by the problem solving court.
(c) The board shall adopt rules prescribing minimum eligibility
criteria for an individual to participate in a problem solving court
program.
As added by P.L.108-2010, SEC.4.
IC 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; 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
IC 11-10-11.5.
(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
IC 31-37-9.
(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
IC 31-34-8.
(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.
As added by P.L.108-2010, SEC.4. Amended by P.L.136-2012,
SEC.7; P.L.95-2013, SEC.2.
IC 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 and consents to the referral; and
(3) the judge of the problem solving court, the prosecuting
attorney, and the individual all agree upon certain conditions for
the individual's participation in the problem solving court
program and on the duration of those conditions.
(b) When an individual's participation in a problem solving court
program under this section has been terminated as provided under
section 14.5 of this chapter, the problem solving court shall:
(1) enter a judgment of conviction against the individual;
(2) refer the individual's case back to the court that referred the
case to the problem solving court to allow the referring court to
enter a judgment of conviction against the individual; or
(3) otherwise dispose of the case.
(c) If an individual fulfills the conditions established by a problem
solving court under subsection (a), the problem solving court shall:
(1) dismiss the charges against the individual;
(2) refer the individual's case back to the court that referred the
case to the problem solving court to allow the referring court to
dismiss the charges against the individual; or
(3) otherwise dispose of the case.
As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011,
SEC.4.
IC 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)
condition of a problem solving court program, the problem solving
court may:
(1) remand the individual into custody;
(2) order a summons to be issued to the individual to appear; or
(3) order a warrant for the individual's arrest if there is a risk
that the individual may:
(A) flee the jurisdiction; or
(B) cause harm to the individual or another individual.
(c) The problem solving court judge or other hearing officer shall
conduct a hearing concerning an alleged violation of a condition of
a problem solving court program as follows:
(1) The state must prove the violation by a preponderance of the
evidence.
(2) The evidence must be presented in open court.
(3) The individual who is alleged to have committed the
violation is entitled to:
(A) receive written notice of the alleged violation;
(B) obtain the disclosure of evidence against the individual;
(C) confront and cross-examine witnesses; and
(D) be represented by counsel.
(d) An individual participating in a problem solving court program
may not be terminated from the problem solving court program for
failure to pay a:
(1) problem solving court program service fee; or
(2) chemical testing fee;
assessed against the individual by the problem solving court unless
the individual recklessly fails or willfully refuses to pay the assessed
fee.
(e) Except as provided in sections 14 and 15 of this chapter, if the
problem solving court judge or hearing officer finds that an
individual participating in a problem solving court program has
violated a condition of the program, the problem solving court judge
or hearing officer may:
(1) continue the individual's participation in the problem solving
court program with or without modifying or expanding the
individual's conditions for participating in the problem solving
court program; or
(2) terminate the individual's participation in the problem
solving court program.
As added by P.L.187-2011, SEC.5.
IC 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 (a) are met, the court may:
(1) order the execution of the individual's nonsuspendible
sentence and stay execution of all or part of the nonsuspendible
part of the individual's sentence pending the individual's
successful completion of a problem solving court program; and
(2) suspend all or part of the suspendible part of the individual's
nonsuspendible sentence, place the individual on probation for
the suspended part of the sentence, and require as a condition of
probation that the person successfully complete a problem
solving court program.
(c) If an individual has been terminated from a problem solving
court program under this section as provided in section 14.5 of this
chapter, the court may:
(1) if the person is serving the nonsuspendible part of the
person's sentence:
(A) lift the stay of execution of the nonsuspendible part of
the individual's sentence and order the individual to serve all
or a part of the nonsuspendible sentence; or
(B) otherwise dispose of the case; or
(2) if the individual is serving the suspendible part of the
individual's sentence:
(A) order all or a part of the individual's suspendible
sentence to be executed; or
(B) otherwise dispose of the case.
(d) If an individual successfully completes a problem solving court
program under this section, the court may:
(1) waive execution of the nonsuspendible part of the
individual's sentence; or
(2) otherwise dispose of the case.
As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011,
SEC.6; P.L.136-2012, SEC.8.
IC 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 Indiana judicial center established under
IC 33-38-9.
(c) The board:
(1) shall adopt rules establishing requirements and procedures
for:
(A) initial certification;
(B) recertification; and
(C) decertification;
of problem solving courts; and
(2) may adopt rules concerning educational and occupational
qualifications for problem solving court employees.
(d) If the board adopts qualifications for the employees of problem
solving courts under subsection (c)(2):
(1) the board shall establish an effective date after which a
person employed by a problem solving court must meet the
qualifications; and
(2) the qualifications do not apply to a person who is employed:
(A) by a certified problem solving court before the effective
date; or
(B) as administrative personnel.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-17
Duties of the Indiana judicial center
Sec. 17. The Indiana judicial center 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
solving court created or funded under this chapter be certified
according to the rules adopted by the board.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-18
Authority of the Indiana judicial center to revoke the certification
of a problem solving court; implementation authority
Sec. 18. The Indiana judicial center may:
(1) revoke the certification of a problem solving court if the
Indiana judicial center 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 agency of the state;
(B) another state;
(C) the federal government;
(D) a state educational institution or private postsecondary
educational institution; or
(E) a public or private agency;
to implement this chapter.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-19
Petition to establish a problem solving court
Sec. 19. (a) A court shall notify the Indiana judicial center 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 Indiana judicial center in
accordance with rules adopted by the board.
(c) A problem solving court may not:
(1) assess fees; or
(2) collect fees;
until the problem solving court is certified by the Indiana judicial
center.
As added by P.L.108-2010, SEC.4.
IC 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 court may not provide direct treatment
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.
As added by P.L.108-2010, SEC.4. Amended by P.L.95-2013, SEC.3.
IC 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 problem
solving court.
As added by P.L.108-2010, SEC.4.
IC 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 solving court may apply for and receive the
following:
(1) Gifts, bequests, and donations from private sources.
(2) Grants and contract money from governmental sources.
(3) Other forms of financial assistance approved by the court to
supplement the problem solving court's budget.
As added by P.L.108-2010, SEC.4.
IC 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 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 services.
(d) The problem solving court or the clerk of the court shall collect
fees under this section. 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.
As added by P.L.108-2010, SEC.4. Amended by P.L.136-2012,
SEC.10; P.L.95-2013, SEC.4.
IC 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
and chemical testing expenses assessed against the child by the
problem solving court under this chapter.
(b) A parent or guardian of a child described in subsection (a)
shall, before a hearing under subsection (c) concerning payment of
fees and expenses assessed against the child, provide financial
information to the problem solving court as ordered by the problem
solving court.
(c) The problem solving court shall hold a hearing and may order
the parent or guardian to pay fees and expenses assessed against a
child described in subsection (a) unless the problem solving court
makes a specific finding that:
(1) the parent or guardian is unable to pay the fees or expenses;
or
(2) justice would not be served by ordering the parent or
guardian to pay the fees or expenses.
(d) If a parent or guardian is ordered to pay fees or expenses under
this section, the parent or guardian shall pay the fees or expenses to
the problem solving court or the clerk of the court. The problem
solving court shall keep a record of all payments made under this
section by each parent or guardian. When a child is discharged from
a problem solving court program, the problem solving court shall
determine the amount of any unpaid fees or expenses a parent or
guardian owes under this section. The problem solving court may
reduce the unpaid balance to a final judgment that may be enforced
in any court that has appropriate jurisdiction.
As added by P.L.187-2011, SEC.7. Amended by P.L.136-2012,
SEC.11.
IC 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 expenses.
(c) A laboratory that performs a chemical test as ordered by a
problem solving court under subsection (a) shall report the results to
the problem solving court.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-25
Problem solving court fund
Sec. 25. (a) The Indiana judicial center problem solving court fund
is established for the purpose of administering, certifying, and
supporting problem solving court programs 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.108-2010, SEC.4.
IC 33-23-16-26
No right to participate in a problem solving court program
Sec. 26. An individual does not have a right to participate in a
problem solving court program under this chapter.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-27
Staff immunity
Sec. 27. The coordinator and members of the professional and
administrative staff of a problem solving 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 problem solving court program.
As added by P.L.108-2010, SEC.4.
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