CHAPTER 9. CIRCUIT COURT ALCOHOL ABUSE DETERRENT PROGRAMS
IC 9-30-9
Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs
IC 9-30-9-0.5
Applicability after June 30, 2005
Sec. 0.5. After June 30, 2005, this chapter does not apply to aperson who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation ofa motor vehicle in accordance with the federal Motor CarrierSafety Improvement Act of 1999 (MCSIA) (Public Law106-159.113 Stat. 1748).
As added by P.L.219-2003, SEC.8.
IC 9-30-9-1
Application
Sec. 1. This chapter applies to each circuit court that is notauthorized to establish an alcohol and drug services program underIC 12-23-14-1 through IC 12-23-14-13.
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1992, SEC.91.
IC 9-30-9-2
Establishment
Sec. 2. The circuit court of a county may establish an alcoholabuse deterrent program after the county fiscal body adopts aresolution approving the program. The program must provide for thetreatment of individuals who have been convicted of more than one(1) violation of IC 9-30-5 with disulfiram or a similar substance thatthe court determines is an effective chemical deterrent to the use ofalcohol.
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1992, SEC.92;P.L.40-1994, SEC.4.
IC 9-30-9-3
Application to criminal proceedings; judicial notice; deferredproceedings; order to complete program
Sec. 3. (a) This section applies to a criminal proceeding in whichthe use or abuse of alcohol is a contributing factor or a materialelement of the offense.
(b) The court may take judicial notice of the fact that propermedical treatment is likely to decrease the defendant's tendency toengage in antisocial behavior.
(c) Before conviction, the court, with the consent of the defendantand the prosecuting attorney, may conditionally defer theproceedings described in subsection (a) for up to four (4) years.However, a prosecution may not be deferred under this section if:
(1) the offense involves death or serious bodily injury;
(2) other criminal proceedings, not arising out of the sameincident, alleging commission of a felony are pending againstthe defendant; (3) the defendant is on probation or parole and the appropriateparole or probation authority does not consent to the defendant'sparticipation; or
(4) the defendant fails to meet additional eligibilityrequirements imposed by the court.
(d) The court may order the defendant to satisfactorily completethe program established under section 2 of this chapter if the courtmakes a determination under subsection (b). The court may imposeother appropriate conditions upon the defendant.
As added by P.L.2-1991, SEC.18.
IC 9-30-9-4
Violation of conditions; resumption of proceedings; compliancewith conditions; dismissal of charges
Sec. 4. If a defendant violates a condition imposed by the courtunder section 3 of this chapter, the court may order criminalproceedings to be resumed. If a defendant fulfills the conditions setby the court under section 3 of this chapter, the court shall dismissthe charges against the defendant. However, if:
(1) the defendant was previously charged under IC 9-30-5; and
(2) the previous charges were dismissed under this section;
the individual is not eligible to have subsequent charges underIC 9-30-5 dismissed under this chapter.
As added by P.L.2-1991, SEC.18.
IC 9-30-9-5
Conditionally deferred charges; suspension of driving privileges;ignition interlock device
Sec. 5. (a) If the court enters an order conditionally deferringcharges under section 3 of this chapter, the court may do thefollowing:
(1) Suspend the person's driving privileges for at least two (2)years but not more than four (4) years.
(2) Impose other appropriate conditions, including the paymentof fees imposed under section 8 of this chapter.
(b) Notwithstanding IC 9-30-6-9, the defendant may be grantedprobationary driving privileges only after the defendant's license hasbeen suspended for at least one (1) year.
(c) The court may, as an alternative to a license suspension undersubsection (a)(1), issue an order prohibiting the defendant fromoperating a motor vehicle unless the motor vehicle is equipped witha functioning certified ignition interlock device under IC 9-30-8. Anorder requiring an ignition interlock device must remain in effect forat least two (2) years but not more than four (4) years.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.18.
IC 9-30-9-6
Probation; referral of defendant to program
Sec. 6. If the defendant is convicted in a proceeding described insection 3(a) of this chapter and the court places the defendant on
probation, the court may refer the defendant to the alcohol abusedeterrent program if the court makes a determination under section3(b) of this chapter.
As added by P.L.2-1991, SEC.18.
IC 9-30-9-7
Referral of defendant to program; suspension of driving privileges;ignition interlock device
Sec. 7. (a) If the court refers a defendant to the program undersection 6 of this chapter, the court may do the following:
(1) Suspend the defendant's driving privileges for at least ninety(90) days but not more than four (4) years.
(2) Impose other appropriate conditions.
(b) The defendant may be granted probationary driving privilegesonly after the defendant's license has been suspended for at leastthirty (30) days under IC 9-30-6-9.
(c) The court may, as an alternative to a license suspension undersubsection (a)(1), issue an order prohibiting the defendant fromoperating a motor vehicle unless the motor vehicle is equipped witha functioning certified ignition interlock device under IC 9-30-8. Anorder requiring an ignition interlock device must remain in effect forat least two (2) years but not more than four (4) years.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.19.
IC 9-30-9-7.5
Offenses; operating motor vehicle without ignition interlock device
Sec. 7.5. (a) A person commits a Class B infraction if the person:
(1) operates a motor vehicle without a functioning certifiedignition interlock device; and
(2) is prohibited from operating a motor vehicle unless themotor vehicle is equipped with a functioning certified ignitioninterlock device under section 5(c) or 7(c) of this chapter.
(b) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certifiedignition interlock device; and
(2) knows the person is prohibited from operating a motorvehicle unless the motor vehicle is equipped with a functioningcertified ignition interlock device under section 5(c) or 7(c) ofthis chapter.
As added by P.L.76-2004, SEC.20. Amended by P.L.2-2005, SEC.42.
IC 9-30-9-8
Program fee; medical fee; indigent defendant
Sec. 8. (a) The court shall order a defendant participating in aprogram under this chapter to pay an alcohol abuse deterrent programfee or a medical fee, or both, unless the court determines that thedefendant is indigent.
(b) An alcohol abuse deterrent program fee ordered under thissection may not exceed four hundred dollars ($400).
(c) A medical fee ordered under this section may not exceed one
hundred fifty dollars ($150).
As added by P.L.2-1991, SEC.18. Amended by P.L.113-2001, SEC.1.
IC 9-30-9-9
County alcohol abuse deterrent fund
Sec. 9. The county auditor shall establish a county alcohol abusedeterrent fund after a program is established under section 2 of thischapter.
As added by P.L.2-1991, SEC.18.
IC 9-30-9-10
Circuit court; duties
Sec. 10. The circuit court:
(1) shall administer the program established under section 2 ofthis chapter;
(2) shall submit claims under IC 33-37-8-6 for the disbursementof funds; and
(3) may enter into contracts with individuals, firms, andcorporations to provide the treatment described by section 2 ofthis chapter.
As added by P.L.2-1991, SEC.18. Amended by P.L.98-2004, SEC.79.
IC 9-30-9-11
Repealed
(Repealed by P.L.137-1995, SEC.1.)