IC 12-23-14
Chapter 14. Court Established Alcohol and Drug Services
Program
IC 12-23-14-1 Authority to establish program
Sec. 1. A court having misdemeanor jurisdiction in a city or
county 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 services
program 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 make
special 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 alcohol
and drug services program and accompanying services and treatment
facilities shall be open only to the individuals over whom the court
has 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 facilities
of a program for individuals referred from another court, a probation
department, the department of correction, the Federal Bureau of
Prisons, the division, the prosecuting attorney's office, or pretrial
services. 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 range
of 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 may
also 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 existing
community resources
Sec. 7. A program may not provide direct treatment or
rehabilitation services unless the program is certified by the division
and the court determines that existing community resources are
inadequate to respond satisfactorily to the demand for the services
from 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 and
appropriating body
Sec. 8. Before an alcohol and drug services program may be
established in a county, the court must do the following:
(1) Have a written statement from the Indiana judicial center
approving the establishment of the program and the plans for
operation before the court may submit the petition to the
legislative and appropriating body for approval.
(2) Obtain the approval of the legislative and appropriating
body 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 containing
the following:
(1) A full description of a proposed program.
(2) A budget for the program, supported by statistics showing
the total fines and costs collected by the court in the most recent
year.
(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's
most recent financial statement and statements of the
qualifications 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 a
private contractor, the court may direct the appropriate attorney to
draft a contract governing the rights and duties of the contractor, the
court, 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 legislative
and appropriating body, appoint a full-time executive director of a
program 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 duties
the court assigns, including the following:
(1) Providing places for the program and the program's services.
(2) Providing intervention, treatment, and rehabilitation services
for eligible individuals.
(3) Compiling information and statistics on the program's
activities.
(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 of
directors of the judicial conference of Indiana established by
IC 33-38-9-3.
(b) As used in this section, "effective date" means the date
established by the board after which minimum employment standards
are required for persons employed in court drug and alcohol
programs.
(c) A program established under this chapter is subject to the
regulatory powers of the Indiana judicial center established by
IC 33-38-9-4.
(d) With regard to alcohol and drug services programs established
under this chapter, the Indiana judicial center may do the following:
(1) Ensure that programs comply with rules adopted under this
section and applicable federal regulations.
(2) Revoke the authorization of a program upon a determination
that the program does not comply with rules adopted under this
section 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 programs
established under this chapter.
(5) Require, as a condition of operation, that each program
created or funded under this chapter be certified according to
rules 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 and
occupational qualifications needed to be employed by or to provide
services to a court alcohol and drug services program. If the board
adopts qualifications under this subsection:
(1) the board shall establish an effective date after which any
person employed by a court alcohol and drug services program
must meet the minimum qualifications adopted under this
subsection; and
(2) the minimum employment qualifications adopted under this
subsection do not apply to a person who is employed:
(A) by a certified court alcohol and drug program before the
effective date; or
(B) as administrative personnel.
(g) The board may delegate any of the functions described in
subsections (e) and (f) to the court alcohol and drug program
advisory 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 fee
fund; compensation of employees and contractors
Sec. 14. (a) The costs of an alcohol and drug services program
established under this chapter shall be paid out of the city general
fund or the county general fund and may be supplemented by
payment from the user fee fund upon appropriation made under
IC 33-37-8.
(b) The court shall fix the compensation of employees and
contractors. 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 of
fees
Sec. 16. (a) The court may require an eligible individual to pay a
fee for a service of a program.
(b) If a fee is required, the court shall adopt by court rule a
schedule of fees to be assessed for program services.
(c) The fee for program services may not exceed four hundred
dollars ($400).
(d) A fee collected shall be deposited in the city or county user fee
fund. 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 programs
fund is established for the purpose of administering, certifying, and
supporting alcohol and drug services programs under this chapter.
The fund shall be administered by the Indiana judicial center
established by IC 33-38-9-4.
(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 the fiscal year does not revert
to 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 drug
services program, a participant may be required to undergo a
chemical test or a series of chemical tests as specified by the
program. A participant is liable for the costs of all chemical tests
required under this section, regardless of whether the costs are paid
to the court alcohol and drug services program or the laboratory.
(b) A laboratory that performs a chemical test under this section
shall 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 an
alcohol and drug services program under this chapter.
(b) The director and members of the professional and
administrative staff of an alcohol and drug services program 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 an alcohol and drug services
program. As added by P.L.168-2002, SEC.7.
IC 12-23-14
Chapter 14. Court Established Alcohol and Drug Services
Program
IC 12-23-14-1 Authority to establish program
Sec. 1. A court having misdemeanor jurisdiction in a city or
county 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 services
program 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 make
special 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 alcohol
and drug services program and accompanying services and treatment
facilities shall be open only to the individuals over whom the court
has 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 facilities
of a program for individuals referred from another court, a probation
department, the department of correction, the Federal Bureau of
Prisons, the division, the prosecuting attorney's office, or pretrial
services. 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 range
of 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 may
also 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 existing
community resources
Sec. 7. A program may not provide direct treatment or
rehabilitation services unless the program is certified by the division
and the court determines that existing community resources are
inadequate to respond satisfactorily to the demand for the services
from 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 and
appropriating body
Sec. 8. Before an alcohol and drug services program may be
established in a county, the court must do the following:
(1) Have a written statement from the Indiana judicial center
approving the establishment of the program and the plans for
operation before the court may submit the petition to the
legislative and appropriating body for approval.
(2) Obtain the approval of the legislative and appropriating
body 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 containing
the following:
(1) A full description of a proposed program.
(2) A budget for the program, supported by statistics showing
the total fines and costs collected by the court in the most recent
year.
(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's
most recent financial statement and statements of the
qualifications 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 a
private contractor, the court may direct the appropriate attorney to
draft a contract governing the rights and duties of the contractor, the
court, 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 legislative
and appropriating body, appoint a full-time executive director of a
program 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 duties
the court assigns, including the following:
(1) Providing places for the program and the program's services.
(2) Providing intervention, treatment, and rehabilitation services
for eligible individuals.
(3) Compiling information and statistics on the program's
activities.
(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 of
directors of the judicial conference of Indiana established by
IC 33-38-9-3.
(b) As used in this section, "effective date" means the date
established by the board after which minimum employment standards
are required for persons employed in court drug and alcohol
programs.
(c) A program established under this chapter is subject to the
regulatory powers of the Indiana judicial center established by
IC 33-38-9-4.
(d) With regard to alcohol and drug services programs established
under this chapter, the Indiana judicial center may do the following:
(1) Ensure that programs comply with rules adopted under this
section and applicable federal regulations.
(2) Revoke the authorization of a program upon a determination
that the program does not comply with rules adopted under this
section 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 programs
established under this chapter.
(5) Require, as a condition of operation, that each program
created or funded under this chapter be certified according to
rules 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 and
occupational qualifications needed to be employed by or to provide
services to a court alcohol and drug services program. If the board
adopts qualifications under this subsection:
(1) the board shall establish an effective date after which any
person employed by a court alcohol and drug services program
must meet the minimum qualifications adopted under this
subsection; and
(2) the minimum employment qualifications adopted under this
subsection do not apply to a person who is employed:
(A) by a certified court alcohol and drug program before the
effective date; or
(B) as administrative personnel.
(g) The board may delegate any of the functions described in
subsections (e) and (f) to the court alcohol and drug program
advisory 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 fee
fund; compensation of employees and contractors
Sec. 14. (a) The costs of an alcohol and drug services program
established under this chapter shall be paid out of the city general
fund or the county general fund and may be supplemented by
payment from the user fee fund upon appropriation made under
IC 33-37-8.
(b) The court shall fix the compensation of employees and
contractors. 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 of
fees
Sec. 16. (a) The court may require an eligible individual to pay a
fee for a service of a program.
(b) If a fee is required, the court shall adopt by court rule a
schedule of fees to be assessed for program services.
(c) The fee for program services may not exceed four hundred
dollars ($400).
(d) A fee collected shall be deposited in the city or county user fee
fund. 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 programs
fund is established for the purpose of administering, certifying, and
supporting alcohol and drug services programs under this chapter.
The fund shall be administered by the Indiana judicial center
established by IC 33-38-9-4.
(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 the fiscal year does not revert
to 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 drug
services program, a participant may be required to undergo a
chemical test or a series of chemical tests as specified by the
program. A participant is liable for the costs of all chemical tests
required under this section, regardless of whether the costs are paid
to the court alcohol and drug services program or the laboratory.
(b) A laboratory that performs a chemical test under this section
shall 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 an
alcohol and drug services program under this chapter.
(b) The director and members of the professional and
administrative staff of an alcohol and drug services program 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 an alcohol and drug services
program. As added by P.L.168-2002, SEC.7.
IC 12-23-14
Chapter 14. Court Established Alcohol and Drug Services
Program
IC 12-23-14-1 Authority to establish program
Sec. 1. A court having misdemeanor jurisdiction in a city or
county 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 services
program 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 make
special 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 alcohol
and drug services program and accompanying services and treatment
facilities shall be open only to the individuals over whom the court
has 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 facilities
of a program for individuals referred from another court, a probation
department, the department of correction, the Federal Bureau of
Prisons, the division, the prosecuting attorney's office, or pretrial
services. 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 range
of 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 may
also 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 existing
community resources
Sec. 7. A program may not provide direct treatment or
rehabilitation services unless the program is certified by the division
and the court determines that existing community resources are
inadequate to respond satisfactorily to the demand for the services
from 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 and
appropriating body
Sec. 8. Before an alcohol and drug services program may be
established in a county, the court must do the following:
(1) Have a written statement from the Indiana judicial center
approving the establishment of the program and the plans for
operation before the court may submit the petition to the
legislative and appropriating body for approval.
(2) Obtain the approval of the legislative and appropriating
body 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 containing
the following:
(1) A full description of a proposed program.
(2) A budget for the program, supported by statistics showing
the total fines and costs collected by the court in the most recent
year.
(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's
most recent financial statement and statements of the
qualifications 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 a
private contractor, the court may direct the appropriate attorney to
draft a contract governing the rights and duties of the contractor, the
court, 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 legislative
and appropriating body, appoint a full-time executive director of a
program 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 duties
the court assigns, including the following:
(1) Providing places for the program and the program's services.
(2) Providing intervention, treatment, and rehabilitation services
for eligible individuals.
(3) Compiling information and statistics on the program's
activities.
(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 of
directors of the judicial conference of Indiana established by
IC 33-38-9-3.
(b) As used in this section, "effective date" means the date
established by the board after which minimum employment standards
are required for persons employed in court drug and alcohol
programs.
(c) A program established under this chapter is subject to the
regulatory powers of the Indiana judicial center established by
IC 33-38-9-4.
(d) With regard to alcohol and drug services programs established
under this chapter, the Indiana judicial center may do the following:
(1) Ensure that programs comply with rules adopted under this
section and applicable federal regulations.
(2) Revoke the authorization of a program upon a determination
that the program does not comply with rules adopted under this
section 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 programs
established under this chapter.
(5) Require, as a condition of operation, that each program
created or funded under this chapter be certified according to
rules 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 and
occupational qualifications needed to be employed by or to provide
services to a court alcohol and drug services program. If the board
adopts qualifications under this subsection:
(1) the board shall establish an effective date after which any
person employed by a court alcohol and drug services program
must meet the minimum qualifications adopted under this
subsection; and
(2) the minimum employment qualifications adopted under this
subsection do not apply to a person who is employed:
(A) by a certified court alcohol and drug program before the
effective date; or
(B) as administrative personnel.
(g) The board may delegate any of the functions described in
subsections (e) and (f) to the court alcohol and drug program
advisory 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 fee
fund; compensation of employees and contractors
Sec. 14. (a) The costs of an alcohol and drug services program
established under this chapter shall be paid out of the city general
fund or the county general fund and may be supplemented by
payment from the user fee fund upon appropriation made under
IC 33-37-8.
(b) The court shall fix the compensation of employees and
contractors. 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 of
fees
Sec. 16. (a) The court may require an eligible individual to pay a
fee for a service of a program.
(b) If a fee is required, the court shall adopt by court rule a
schedule of fees to be assessed for program services.
(c) The fee for program services may not exceed four hundred
dollars ($400).
(d) A fee collected shall be deposited in the city or county user fee
fund. 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 programs
fund is established for the purpose of administering, certifying, and
supporting alcohol and drug services programs under this chapter.
The fund shall be administered by the Indiana judicial center
established by IC 33-38-9-4.
(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 the fiscal year does not revert
to 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 drug
services program, a participant may be required to undergo a
chemical test or a series of chemical tests as specified by the
program. A participant is liable for the costs of all chemical tests
required under this section, regardless of whether the costs are paid
to the court alcohol and drug services program or the laboratory.
(b) A laboratory that performs a chemical test under this section
shall 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 an
alcohol and drug services program under this chapter.
(b) The director and members of the professional and
administrative staff of an alcohol and drug services program 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 an alcohol and drug services
program. As added by P.L.168-2002, SEC.7.
