Citations Affected: IC 12-7-2-12 ; IC 12-23-14.5.
Synopsis: Addiction services and drug courts. Specifies that, under the
law concerning addiction services, an alcohol and drug services
program includes services for persons charged with or found to have
committed infractions. Allows a drug court to accept an eligible
individual who is referred from or whose case is transferred from
another court located in the same county as the drug court. Removes an
incorrect reference concerning adoption of rules in the law that allows
the Indiana judicial center to adopt rules concerning drug courts.
Provides that, when a person referred to a drug court: (1) has the
person's participation in the drug court terminated, the drug court must
enter a judgment of conviction against the person or refer the case back
to the originating court so that court may enter a judgment of
conviction; and (2) fulfills the conditions established by the drug court,
the drug court must dismiss the charges against the person or refer the
case back to the originating court so that court may dismiss the charges.
Effective: Upon passage; July 1, 2002 (retroactive); July 1, 2003.
January 9, 2003, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
, AS AMENDED BY P.L.168-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 12. "Alcohol and drug services program", for
purposes of IC 12-23, means a service for persons:
(1) charged with or convicted of a misdemeanor or felony; or
(2) charged with or found to have committed an infraction;
which provides intervention, education, referral, treatment, or rehabilitation, under the operation of a court or under private contract.
SECTION 2. IC 12-23-14.5-3 , AS ADDED BY P.L.168-2002, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Except as provided in subsection (b), a drug court established under this chapter and accompanying services are open only to individuals over whom the court that established the drug court has jurisdiction.
(b) A drug court may accept an eligible individual:
(1) who is referred; or
(2) whose case is transferred;
from another court located in the same county as the drug court.
(c) If a case is referred to a drug court under subsection (b)(1) instead of being transferred to the drug court under subsection (b)(2), the drug court may impose intermediate sanctions in the case. However, the drug court shall return the case to the court that made the referral for appropriate proceedings when:
(1) the individual has successfully completed the conditions established by the drug court under section 15(b) of this chapter; or
(2) the individual's participation in the drug court has been terminated by the drug court.
SECTION 3. IC 12-23-14.5-9 , AS ADDED BY P.L.168-2002, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002 (RETROACTIVE)]: Sec. 9. (a) As used in this section, "board" refers to the board of directors of the judicial conference of Indiana under IC 33-13-14-2.
(b) As used in this section, "effective date" means the date established by the board after which minimum employment standards will be required for a person employed by a drug court.
(c) A drug court established under this chapter is subject to the regulatory powers of the Indiana judicial center under IC 33-13-14-7.
(d) With regard to drug courts established under this chapter, the Indiana judicial center may do the following:
(1) Ensure that drug courts comply with rules adopted under this section and applicable federal regulations.
(2) Certify drug courts established under this chapter.
(3) Revoke the certification of a drug court upon a determination that the drug court does not comply with rules adopted under this section and applicable federal regulations.
(4) Make agreements and contracts with:
(A) another department, authority, or agency of the state;
(B) another state;
(C) the federal government;
(D) a state supported or private university; or
(E) a public or private agency;
to implement this chapter.
(5) Require as a condition of operation that each drug court created or funded under this chapter be certified according to rules established by the Indiana judicial center.
(6) Adopt rules
under IC 4-22-2 to implement this chapter.
(e) The board shall adopt rules concerning standards, requirements, and procedures for initial certification, recertification, and
decertification of drug courts.
(f) The board may adopt rules concerning educational and occupational qualifications needed to be employed by a drug court; however, any contract service provider must be licensed by the state or approved by the judicial center. If the board adopts qualifications under this subsection:
(1) the board shall establish an effective date after which a person employed by a drug court 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 drug court 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.
SECTION 4. IC 12-23-14.5-15 , AS ADDED BY P.L.168-2002, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) A drug court may follow the procedure described in this section only if:
(1) a person pleads guilty to an offense in which the use of alcohol or drugs was a contributing factor or material element of the offense;
(2) the court refers the person to a drug court;
(3) the prosecuting attorney consents to the referral;
(4) the person who pleads guilty under subdivision (1) consents to the referral;
(5) the person who pleads guilty under subdivision (1) is eligible to participate in the drug court under section 14(b) of this chapter and the drug court accepts the referral; and
(6) the person has not had a previous dismissal under this section.
(b) Notwithstanding IC 35-38-1-1 (a), the court, without entering a judgment of conviction, may defer further proceedings and place the person in
the custody of the a drug court under subject to conditions
as established by the drug court. determines.
(c) The drug court, the prosecuting attorney, and the participant must all agree upon the duration of the conditions established under subsection (b).
(d) If the drug court determines, after a hearing,
may enter a
judgment of conviction if: that:
(1) the person
violates violated a condition established under
subsection (b); or