CHAPTER 14. COURT ESTABLISHED ALCOHOL AND DRUG SERVICES PROGRAM
IC 12-23-14
Chapter 14. Court Established Alcohol and Drug ServicesProgram
IC 12-23-14-1
Authority to establish program
Sec. 1. A court having misdemeanor jurisdiction in a city orcounty may establish an alcohol and drug services program.
As added by P.L.2-1992, SEC.17.
IC 12-23-14-2
Operation of program by court or under private contract
Sec. 2. The court may establish an alcohol and drug servicesprogram under the court's operation or under private contract.
As added by P.L.2-1992, SEC.17.
IC 12-23-14-3
Rules and special orders
Sec. 3. The court may establish uniform rules and may makespecial orders and rules as necessary.
As added by P.L.2-1992, SEC.17. Amended by P.L.168-2002, SEC.4.
IC 12-23-14-4
Individuals eligible; jurisdiction of court
Sec. 4. Except as provided in section 5 of this chapter, an alcoholand drug services program and accompanying services and treatmentfacilities shall be open only to the individuals over whom the courthas jurisdiction.
As added by P.L.2-1992, SEC.17.
IC 12-23-14-5
Individuals eligible; referrals
Sec. 5. The court may agree to provide the services and facilitiesof a program for individuals referred from another court, a probationdepartment, the department of correction, the Federal Bureau ofPrisons, the division, the prosecuting attorney's office, or pretrialservices.
As added by P.L.2-1992, SEC.17. Amended by P.L.192-2007, SEC.8.
IC 12-23-14-6
Range of services provided
Sec. 6. (a) A program may provide for eligible individuals a rangeof 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 program that is eligible under section 7 of this chapter mayalso provide a range of necessary treatment and rehabilitation
services, including the following:
(1) Emergency services.
(2) Detoxification.
(3) Counseling.
(4) Rehabilitative care.
As added by P.L.2-1992, SEC.17. Amended by P.L.168-2002, SEC.5.
IC 12-23-14-7
Direct treatment or rehabilitation services; inadequacy of existingcommunity resources
Sec. 7. A program may not provide direct treatment orrehabilitation services unless the program is certified by the divisionand the court determines that existing community resources areinadequate to respond satisfactorily to the demand for the servicesfrom the court.
As added by P.L.2-1992, SEC.17. Amended by P.L.122-1997, SEC.2.
IC 12-23-14-8
Establishment in county of alcohol and drug services program;statement from Indiana judicial center; approval of legislative andappropriating body
Sec. 8. Before an alcohol and drug services program may beestablished in a county, the court must do the following:
(1) Have a written statement from the Indiana judicial centerapproving the establishment of the program and the plans foroperation before the court may submit the petition to thelegislative and appropriating body for approval.
(2) Obtain the approval of the legislative and appropriatingbody from which the court derives the court's money.
As added by P.L.2-1992, SEC.17. Amended by P.L.122-1997, SEC.3.
IC 12-23-14-9
Petition for approval
Sec. 9. The court must submit a petition for approval containingthe following:
(1) A full description of a proposed program.
(2) A budget for the program, supported by statistics showingthe total fines and costs collected by the court in the most recentyear.
(3) Details on the implementation of the program.
(4) If the program is to be operated through a private contractor,a reference file on the contractor, including the contractor'smost recent financial statement and statements of thequalifications of program staff associated with the contractor.
As added by P.L.2-1992, SEC.17.
IC 12-23-14-10
Approval of program operated through private contractor;drafting of contract
Sec. 10. (a) If the legislative and appropriating body approves an
alcohol and drug services program and the operation through aprivate contractor, the court may direct the appropriate attorney todraft a contract governing the rights and duties of the contractor, thecourt, and the appropriating authority.
(b) The court is responsible for the administration of the program.
As added by P.L.2-1992, SEC.17.
IC 12-23-14-11
Program executive director; assistants and clerks
Sec. 11. The court may, subject to the approval of the legislativeand appropriating body, appoint a full-time executive director of aprogram and assistants and clerks that are necessary.
As added by P.L.2-1992, SEC.17.
IC 12-23-14-12
Program employees and contractors; duties; assignment by court
Sec. 12. Program employees or contractors shall perform dutiesthe court assigns, including the following:
(1) Providing places for the program and the program's services.
(2) Providing intervention, treatment, and rehabilitation servicesfor eligible individuals.
(3) Compiling information and statistics on the program'sactivities.
(4) Reporting periodically to the court on program activities.
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.45.
IC 12-23-14-13
Powers of Indiana judicial center
Sec. 13. (a) As used in this section, "board" refers to the board ofdirectors of the judicial conference of Indiana established byIC 33-38-9-3.
(b) As used in this section, "effective date" means the dateestablished by the board after which minimum employment standardsare required for persons employed in court drug and alcoholprograms.
(c) A program established under this chapter is subject to theregulatory powers of the Indiana judicial center established byIC 33-38-9-4.
(d) With regard to alcohol and drug services programs establishedunder this chapter, the Indiana judicial center may do the following:
(1) Ensure that programs comply with rules adopted under thissection and applicable federal regulations.
(2) Revoke the authorization of a program upon a determinationthat the program does not comply with rules adopted under thissection and applicable federal regulations.
(3) 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 effectuate the purposes of this chapter.
(4) Directly, or by contract, approve and certify programsestablished under this chapter.
(5) Require, as a condition of operation, that each programcreated or funded under this chapter be certified according torules 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 alcohol and drug services programs.
(f) The board may adopt rules concerning educational andoccupational qualifications needed to be employed by or to provideservices to a court alcohol and drug services program. If the boardadopts qualifications under this subsection:
(1) the board shall establish an effective date after which anyperson employed by a court alcohol and drug services programmust meet the minimum qualifications adopted under thissubsection; and
(2) the minimum employment qualifications adopted under thissubsection do not apply to a person who is employed:
(A) by a certified court alcohol and drug program before theeffective date; or
(B) as administrative personnel.
(g) The board may delegate any of the functions described insubsections (e) and (f) to the court alcohol and drug programadvisory committee or the Indiana judicial center.
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.46;P.L.122-1997, SEC.4; P.L.113-2001, SEC.2; P.L.98-2004, SEC.87;P.L.2-2007, SEC.165.
IC 12-23-14-14
Program costs; payment; city or county general fund; user feefund; compensation of employees and contractors
Sec. 14. (a) The costs of an alcohol and drug services programestablished under this chapter shall be paid out of the city generalfund or the county general fund and may be supplemented bypayment from the user fee fund upon appropriation made underIC 33-37-8.
(b) The court shall fix the compensation of employees andcontractors.
As added by P.L.2-1992, SEC.17. Amended by P.L.98-2004, SEC.88.
IC 12-23-14-15
Financial assistance; private and governmental sources
Sec. 15. A program 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 budget.
As added by P.L.2-1992, SEC.17.
IC 12-23-14-16
Fees charged for program; fee schedule; maximum fee; deposit offees
Sec. 16. (a) The court may require an eligible individual to pay afee for a service of a program.
(b) If a fee is required, the court shall adopt by court rule aschedule of fees to be assessed for program services.
(c) The fee for program services may not exceed four hundreddollars ($400).
(d) A fee collected shall be deposited in the city or county user feefund.
As added by P.L.2-1992, SEC.17. Amended by P.L.113-2001, SEC.3.
IC 12-23-14-17
Indiana judicial center drug and alcohol programs fund
Sec. 17. (a) The Indiana judicial center drug and alcohol programsfund is established for the purpose of administering, certifying, andsupporting alcohol and drug services programs under this chapter.The fund shall be administered by the Indiana judicial centerestablished by IC 33-38-9-4.
(b) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested.
(c) Money in the fund at the end of the fiscal year does not revertto the state general fund.
As added by P.L.122-1997, SEC.5. Amended by P.L.98-2004,SEC.89.
IC 12-23-14-18
Chemical tests; costs; reporting of chemical test results
Sec. 18. (a) As a condition of participation in an alcohol and drugservices program, a participant may be required to undergo achemical test or a series of chemical tests as specified by theprogram. A participant is liable for the costs of all chemical testsrequired under this section, regardless of whether the costs are paidto the court alcohol and drug services program or the laboratory.
(b) A laboratory that performs a chemical test under this sectionshall report the results of the test to the program.
As added by P.L.168-2002, SEC.6.
IC 12-23-14-19
Right to participate; immunity from liability
Sec. 19. (a) A person does not have a right to participate in analcohol and drug services program under this chapter.
(b) The director and members of the professional andadministrative staff of an alcohol and drug services program whoperform 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 determiningeligibility to participate in an alcohol and drug servicesprogram.
As added by P.L.168-2002, SEC.7.