CHAPTER 16. PROBLEM SOLVING COURTS
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 ofdirectors 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 analysisof 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 or a controlled substance (asdefined in IC 35-48-1-9).
As added by P.L.108-2010, SEC.4.
IC 33-23-16-3
"Community court"
Sec. 3. As used in this chapter, "community court" means aproblem solving court focused on addressing specific neighborhoodor local criminal problems by:
(1) bringing together criminal justice professionals, local socialprograms, and intensive judicial monitoring; and
(2) linking eligible defendants or juveniles to individuallytailored 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" meansa problem solving court focused on the safety of the victim and thedefendant's accountability by:
(1) bringing together criminal justice professionals, local socialprograms, and intensive judicial monitoring;
(2) linking victims to programs and services; and
(3) linking eligible defendants and juveniles to programs andservices.
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 ofdefendants or juveniles in the criminal justice system by:
(1) bringing together substance abuse rehabilitationprofessionals, local social programs, and intensive judicialmonitoring; and
(2) linking eligible defendants or juveniles to individuallytailored programs or services.
(b) The term does not include an alcohol abuse deterrent programestablished 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 thatinclude a child who has been adjudicated a child in need of servicesand a parent, guardian, or other household member who hassubstance abuse problems by:
(1) bringing together substance abuse rehabilitationprofessionals, local social programs, and intensive judicialmonitoring; and
(2) linking eligible parents, guardians, other householdmembers, and juveniles to individually tailored programs orservices.
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 aproblem solving court focused on addressing the mental health needsof individuals in the court system by:
(1) bringing together mental health professionals, local socialprograms, and intensive judicial monitoring; and
(2) linking eligible individuals to individually tailored programsor 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 acourt providing a process for immediate and highly structuredjudicial intervention for eligible individuals that incorporates thefollowing 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 otherstakeholders.
(4) Linking participants with community services based on riskand 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 problemsolving court that is focused on the needs of individuals who reenterthe community after a period of incarceration and that may providea 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 33-23-16-10
"Veterans' court"
Sec. 10. As used in this chapter, "veterans' court" means aproblem solving court focused on addressing the needs of veteransin the court system by:
(1) bringing together substance abuse rehabilitationprofessionals, mental health professionals, local socialprograms, and intensive judicial monitoring; and
(2) linking eligible veterans to individually tailored programs orservices.
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 problemsolving court. A problem solving court established under this sectionmay 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 theIndiana 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 solvingcourts Sec. 12. (a) A problem solving court and accompanying servicesof the problem solving court are available only to individuals overwhom the court that established the problem solving court hasjurisdiction.
(b) A problem solving court with criminal jurisdiction that doesnot have felony jurisdiction may assume jurisdiction over anindividual convicted of a felony from another court within the countyif the problem solving court returns the case to the referring court foradditional proceedings when:
(1) the individual has successfully completed the problemsolving court's program; or
(2) the individual's participation in the problem solving courtprogram is terminated by the problem solving court.
(c) The board shall adopt rules prescribing minimum eligibilitycriteria for an individual to participate in a problem solving courtprogram.
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 problemsolving court program only if:
(1) the individual meets all of the eligibility criteria establishedby the board under section 12 of this chapter;
(2) the judge of the problem solving court approves theadmission of the individual to the problem solving courtprogram; and
(3) the individual is referred to the problem solving court as aresult of at least one (1) of the following:
(A) A condition of a pretrial diversion program authorizedby statute or authorized by the judge of the problem solvingcourt 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 correctionsprogram under IC 11-12-1.
(F) A condition of participation in a forensic diversionprogram under IC 11-12-3.7.
(G) A condition of a community transition program underIC 11-10-11.5.
(H) A condition of parole.
(I) An order in a dispositional decree under IC 31-34-20 toparticipate in a family dependency drug court if theindividual is a parent, guardian, or another householdmember of a child adjudicated a child in need of services.
(J) A condition of an informal adjustment program underIC 31-37-9.
(K) Involvement in:
(i) a child support proceeding; (ii) a mental health commitment; or
(iii) a civil protection proceeding.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-14
Deferred prosecution
Sec. 14. (a) A problem solving court, without entering a judgmentof conviction, may defer proceedings against an individual and placethe individual in a problem solving court program under this sectiononly if:
(1) the individual meets the conditions for eligibility set forthin 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 prosecutingattorney, and the individual all agree upon certain conditions forthe individual's participation in the problem solving courtprogram and on the duration of those conditions.
(b) If the judge of a problem solving court determines, after ahearing, that:
(1) an individual participating in a problem solving courtprogram under this section violated a condition establishedunder subsection (a)(3); or
(2) the period during which the conditions established undersubsection (a)(3) were in effect expired before the individualsuccessfully completed each condition established by theproblem solving court;
the problem solving court may terminate the individual'sparticipation in the problem solving court program.
(c) When an individual's participation in a problem solving courtprogram has been terminated under subsection (b), the problemsolving court shall:
(1) enter a judgment of conviction against the individual;
(2) refer the individual's case back to the court that referred thecase to the problem solving court to allow the referring court toenter a judgment of conviction against the individual; or
(3) otherwise dispose of the case.
(d) If an individual fulfills the conditions established by a problemsolving 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 thecase to the problem solving court to allow the referring court todismiss the charges against the individual; or
(3) otherwise dispose of the case.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-15
Individuals with nonsuspendible sentences
Sec. 15. (a) A problem solving court may place an individual ina problem solving court program under this section only if:
(1) the individual is convicted of an offense that is
nonsuspendible and the individual meets the conditions foreligibility set forth in section 13(1) and 13(2) of this chapter;and
(2) the judge of the problem solving court and the individualagree upon the conditions for the individual's participation inthe problem solving court program.
(b) If the requirements of subsection (a) are met in the case of anindividual, the court may:
(1) order the execution of the individual's nonsuspendiblesentence and stay execution of all or part of the nonsuspendiblepart of the individual's sentence pending the individual'ssuccessful completion of a problem solving court program; and
(2) suspend all or part of the suspendible part of the individual'snonsuspendible sentence, place the individual on probation forthe suspended part of the sentence, and require as a conditionof probation that the person successfully complete a problemsolving court program.
(c) If an individual fails to successfully complete and has beenterminated from a problem solving court program under this section,the problem solving court may:
(1) if the person is serving the nonsuspendible part of theperson's sentence:
(A) lift the stay of execution of the nonsuspendible part ofthe individual's sentence and order the individual to serve allor a part of the nonsuspendible sentence; or
(B) otherwise dispose of the case; or
(2) if the individual is serving the suspendible part of theindividual's sentence:
(A) order all or a part of the individual's suspendiblesentence to be executed; or
(B) otherwise dispose of the case.
(d) If an individual successfully completes a problem solvingcourt program under this section, the problem solving court may:
(1) waive execution of the nonsuspendible part of theindividual's sentence; or
(2) otherwise dispose of the case.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-16
Certification of problem solving courts; personnel certification
Sec. 16. (a) As used in this section, "effective date" means thedate established by the board after which minimum employmentqualifications are required for persons employed by a problemsolving court program.
(b) A program established under this chapter is subject to theregulatory powers of the Indiana judicial center established underIC 33-38-9.
(c) The board:
(1) shall adopt rules establishing requirements and proceduresfor: (A) initial certification;
(B) recertification; and
(C) decertification;
of problem solving courts; and
(2) may adopt rules concerning educational and occupationalqualifications for problem solving court employees.
(d) If the board adopts qualifications for the employees ofproblem solving courts under subsection (c)(2):
(1) the board shall establish an effective date after which aperson employed by a problem solving court must meet thequalifications; and
(2) the qualifications do not apply to a person who is employed:
(A) by a certified problem solving court before the effectivedate; 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 rulesadopted under this chapter and applicable federal regulations;
(2) certify problem solving courts according to the requirementsand procedures established under section 16(c)(1) of thischapter; and
(3) require, as a condition of operation, that each problemsolving court created or funded under this chapter be certifiedaccording 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 certificationof a problem solving court; implementation authority
Sec. 18. The Indiana judicial center may:
(1) revoke the certification of a problem solving court if theIndiana judicial center determines that the problem solvingcourt does not comply with rules adopted under this chapter andapplicable 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 postsecondaryeducational 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 thecourt's intention to establish a problem solving court during theplanning for the establishment of the problem solving court.
(b) A court seeking to establish a problem solving court mustsubmit a petition for approval to the Indiana judicial center inaccordance 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 judicialcenter.
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 followingservices to individuals participating in problem solving courtprograms:
(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.
(b) A problem solving court may not provide direct treatment orrehabilitation services unless:
(1) the problem solving court is certified by the division ofmental health and addiction under IC 12-23-1-6;
(2) the problem solving court uses licensed medicalprofessionals who provide mental health treatment toindividuals with psychiatric disorders; and
(3) the court that establishes the problem solving courtdetermines that existing community resources are inadequate torespond satisfactorily to the demand for services from the court.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-21
Powers of a problem solving court
Sec. 21. A court may take steps necessary to carry out thefunctions of the problem solving court, including the following:
(1) Hiring employees as needed to perform the requiredfunctions of the problem solving court.
(2) Establishing policies and procedures for the problem solvingcourt.
(3) Adopting local court rules as necessary for the problemsolving 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 thediscretion of the fiscal body of the unit, be supplemented out of thecity general fund or the county general fund and may be furthersupplemented by payment from the user fee fund upon appropriationmade under IC 33-37-8.
(b) A problem solving court may apply for and receive thefollowing:
(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 tosupplement 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 offees that may be assessed to an eligible individual to receive problemsolving court services under this chapter.
(b) A court that has established a problem solving court under thischapter may require eligible individuals to pay a fee for problemsolving court services.
(c) If a fee is required under subsection (b), the court shall adoptby local court rule a schedule of fees, consistent with the rulesadopted by the board under subsection (a), to be assessed forproblem solving court services.
(d) The clerk of the court shall collect fees under this section. Theclerk shall transmit the fees within thirty (30) days after the fees arecollected, for deposit by the auditor or fiscal officer in theappropriate user fee fund established under IC 33-37-8.
(e) Fees collected under this section must be used only to fundproblem solving court services under this chapter.
As added by P.L.108-2010, SEC.4.
IC 33-23-16-24
Chemical testing; expenses
Sec. 24. (a) A problem solving court may require an individualparticipating in a problem solving court program to undergo chemicaltesting.
(b) An individual may be liable for the cost of any or all chemicaltests 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 aproblem solving court under subsection (a) shall report the results tothe 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 courtfund is established for the purpose of administering, certifying, andsupporting problem solving court programs under this chapter. Thefund shall be administered by the Indiana judicial center.
(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 a state fiscal year does notrevert 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 aproblem 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 andadministrative staff of a problem solving court who perform dutiesin 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 a problem solving court program.
As added by P.L.108-2010, SEC.4.