Citations Affected: IC 5-2-1-9; IC 11-10; IC 12-21-5-4; IC 12-23;
IC 12-24-8-1; IC 34-30.
Synopsis: Drug and alcohol abuse and commitments. Provides
procedures for the involuntary commitment of a person due to alcohol
or drug abuse. Requires the division of mental health and addiction to
maintain and operate or contract for alcohol and drug rehabilitation
facilities, including faith based facilities. Requires the law enforcement
academy to provide training regarding persons with alcohol or drug
addictions, including training for involuntary commitments for alcohol
or drug use. Requires the department of correction and county jails to
provide alcohol and drug rehabilitation to all offenders with alcohol or
drug addictions.
Effective: July 1, 2010.
January 12, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) Minimum standards for a course of study on cultural diversity
awareness that must be required for each person accepted for
training at a law enforcement training school or academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers appointed on other than a permanent basis shall complete
in order to be eligible for continued employment or permanent
appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with:
(A) persons with autism, mental illness, addictive disorders,
mental retardation, and developmental disabilities; and
(B) missing endangered adults (as defined in
IC 12-7-2-131.3);
to be provided by persons approved by the secretary of family and
social services and the board.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws
(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(11) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include training in interacting with persons
with drug or alcohol addictions, including training for
involuntary commitment procedures under IC 12-23-11.
(b) Except as provided in subsection (l), a law enforcement officer
appointed after July 5, 1972, and before July 1, 1993, may not enforce
the laws or ordinances of the state or any political subdivision unless
the officer has, within one (1) year from the date of appointment,
successfully completed the minimum basic training requirements
established under this chapter by the board. If a person fails to
successfully complete the basic training requirements within one (1)
year from the date of employment, the officer may not perform any of
the duties of a law enforcement officer involving control or direction
of members of the public or exercising the power of arrest until the
officer has successfully completed the training requirements. This
subsection does not apply to any law enforcement officer appointed
before July 6, 1972, or after June 30, 1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which shall be calculated
by the aggregate of the time before and after the leave, for the purposes
of this chapter.
(d) Except as provided in subsections (e), (l), (r), and (s), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy or at a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
(e) This subsection does not apply to:
(1) a gaming agent employed as a law enforcement officer by the
Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
training programs. The board may waive an officer's inservice training
requirements if the board determines that the officer's reason for
lacking the required amount of inservice training hours is due to either
of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(6) The program must require training in interacting with
individuals with autism.
(i) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the executive training
program within two (2) months of the date the police chief initially
takes office. A police chief must successfully complete the executive
training program within six (6) months of the date the police chief
initially takes office. However, if space in the executive training
program is not available at a time that will allow completion of the
executive training program within six (6) months of the date the police
chief initially takes office, the police chief must successfully complete
the next available executive training program that is offered after the
police chief initially takes office.
(k) A police chief who fails to comply with subsection (j) may not
continue to serve as the police chief until completion of the executive
training program. For the purposes of this subsection and subsection
(j), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police
department; and
(3) the chief of a consolidated law enforcement department
established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these
purposes, but a town marshal may enroll in the executive training
program.
(l) A fire investigator in the division of fire and building safety
appointed after December 31, 1993, is required to comply with the
basic training standards established under this chapter.
(m) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(3).
(n) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at
least two (2) years and less than six (6) years before the officer is
hired under subdivision (1) due to the officer's resignation or
retirement; and
(3) completed at any time a basic training course certified by the
board before the officer is hired under subdivision (1).
(o) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at
least six (6) years and less than ten (10) years before the officer
is hired under subdivision (1) due to the officer's resignation or
retirement;
(3) is hired under subdivision (1) in an upper level policymaking
position; and
(4) completed at any time a basic training course certified by the
board before the officer is hired under subdivision (1).
A refresher course established under this subsection may not exceed
one hundred twenty (120) hours of course work. All credit hours
received for successfully completing the police chief executive training
program under subsection (i) shall be applied toward the refresher
course credit hour requirements.
(p) Subject to subsection (q), an officer to whom subsection (n) or
(o) applies must successfully complete the refresher course described
in subsection (n) or (o) not later than six (6) months after the officer's
date of hire, or the officer loses the officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) A law enforcement officer who has worked as a law enforcement
officer for less than twenty-five (25) years before being hired under
subsection (n)(1) or (o)(1) is not eligible to attend the refresher course
described in subsection (n) or (o) and must repeat the full basic training
course to regain law enforcement powers. However, a law enforcement
officer who has worked as a law enforcement officer for at least
twenty-five (25) years before being hired under subsection (n)(1) or
(o)(1) and who otherwise satisfies the requirements of subsection (n)
or (o) is not required to repeat the full basic training course to regain
law enforcement power but shall attend the refresher course described
in subsection (n) or (o) and the pre-basic training course established
under subsection (f).
(r) This subsection applies only to a gaming agent employed as a
law enforcement officer by the Indiana gaming commission. A gaming
agent appointed after June 30, 2005, may exercise the police powers
described in subsection (d) if:
(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses
established by the Indiana gaming commission in conjunction
with the board.
(s) This subsection applies only to a securities enforcement officer
designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the police
powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the
pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes any
other training courses established by the securities commissioner
in conjunction with the board.
(t) As used in this section, "upper level policymaking position"
refers to the following:
(1) If the authorized size of the department or town marshal
system is not more than ten (10) members, the term refers to the
position held by the police chief or town marshal.
(2) If the authorized size of the department or town marshal
system is more than ten (10) members but less than fifty-one (51)
members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next rank and pay
grade immediately below the police chief or town marshal.
(3) If the authorized size of the department or town marshal
system is more than fifty (50) members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next two (2) ranks
and pay grades immediately below the police chief or town
marshal.
(u) This subsection applies only to a correctional police officer
employed by the department of correction. A correctional police officer
may exercise the police powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic course
described in subsection (f); and
(2) the officer successfully completes any other training courses
established by the department of correction in conjunction with
the board.
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 3. Except as provided in section 4 of this chapter, the
following Indiana courts have jurisdiction over a proceeding under
this chapter:
(1) A court having probate jurisdiction.
(2) A superior court in a county in which the circuit court has
exclusive probate jurisdiction.
(3) A drug court established under IC 12-23-14.5.
a drug abuser under section 1 of this chapter and either
dangerous or gravely disabled; and
(2) detention or commitment of that individual is appropriate.
[EFFECTIVE JULY 1, 2010]: Sec. 18. (a) An individual may be
detained in a facility for not more than one hundred twenty (120)
hours under this section, excluding Saturdays, Sundays, and legal
holidays, if a written application for detention is filed with the
facility. The individual may not be detained in a state institution
unless the detention is instituted by the state institution.
(b) An application under subsection (a) must contain both of the
following:
(1) A statement of the applicant's belief that the individual is
an alcoholic, incapacitated by alcohol, or a drug abuser, and
either dangerous or gravely disabled.
(2) A statement by at least one (1) physician that, based on:
(A) an examination; or
(B) information given the physician;
the individual may be an alcoholic, incapacitated by alcohol,
or a drug abuser, and either dangerous or gravely disabled.
(c) A judicial officer authorized to issue a warrant for arrest in
the county in which an individual is present may endorse an
application made under this section. The endorsed application
authorizes a police officer to take the individual into custody and
transport the individual to a facility.
(d) The expense of transportation under this section shall be
paid by the county in which the individual is present.
(e) An individual detained under this section may be examined
and given emergency treatment necessary to do the following:
(1) Preserve the health and safety of the individual.
(2) Protect other persons and property.
(f) If during a detention period under this section the facility
director or the attending physician determines that there is not
probable cause to believe the individual is an alcoholic,
incapacitated by alcohol, or a drug abuser, and either dangerous
or gravely disabled, a report shall be made under subsection (g).
(g) Before the end of a detention period under this section, the
facility director or the individual's attending physician shall make
a written report to the court. The report must contain both of the
following:
(1) A statement that the individual has been examined.
(2) A statement whether there is probable cause to believe
that the individual:
(A) is an alcoholic, incapacitated by alcohol, or a drug
abuser, and either dangerous or gravely disabled; and
(B) requires continuing care and treatment.
probable cause to believe that the individual is in need of
temporary or regular commitment.
(o) At the conclusion of the preliminary hearing, if the court
does not find probable cause, the individual shall be immediately
discharged.
(p) If the court finds at the conclusion of the preliminary
hearing probable cause to believe that the individual needs
temporary or regular commitment, the court shall order the
detention of the individual in an appropriate facility pending a
final hearing.
(q) A final hearing shall be held not later than ten (10) days
after the date of the preliminary hearing.
(r) At a final hearing, an individual may not be found in need of
temporary or regular commitment unless at least one (1) physician
who has personally examined the individual testifies at the hearing.
This testimony may be waived by the individual if the waiver is
voluntarily and knowingly given.
(s) If an individual has not previously been the subject of a
commitment proceeding, the court may order only a temporary
commitment.
(t) If an individual has previously been the subject of a
commitment proceeding, the court may order a regular
commitment under section 19 of this chapter, if a longer period of
treatment is warranted.
(u) If it is determined that there was not probable cause to
believe that an individual is an alcoholic, incapacitated by alcohol,
or a drug abuser, and was dangerous when taken into custody and
transported to the facility to be detained, the costs of
transportation to and care and maintenance in the facility during
the period of detention shall be paid by the county in which the
individual was taken into custody.
chapter.
(2) Filing a petition with a court having jurisdiction in the
county:
(A) of residence of the individual; or
(B) where the individual may be found.
(c) A petitioner under subsection (b)(2) must be at least eighteen
(18) years of age.
(d) A petition under subsection (b)(2) must include a physician's
written statement stating both of the following:
(1) The physician has examined the individual within the past
thirty (30) days.
(2) The physician believes the individual is:
(A) an alcoholic, incapacitated by alcohol, or a drug
abuser, and either dangerous or gravely disabled; and
(B) in need of custody, care, or treatment in an appropriate
facility.
(e) Notice of a hearing under this section shall be given to all of
the following:
(1) The individual.
(2) The petitioner.
(3) The director or the chief executive officer of a facility
having care or custody of the individual.
(f) The notice required by subsection (e) must state the time,
place, and date of the hearing.
(g) Within three (3) days after a proceeding is begun under this
section, the court shall enter an order setting a hearing date.
(h) If the proceeding was begun under subsection (b)(2), the
hearing date set under subsection (g) must be more than one (1)
day but less than fourteen (14) days from the date of notice.
(i) If the proceeding was begun under subsection (b)(1), the
hearing shall be held within ten (10) days after issuance of the
order.
(j) The court may hold the hearing at a facility or other suitable
place not likely to have a harmful effect on the individual's health
or well-being.
(k) The court may appoint a physician to do the following:
(1) Examine the individual.
(2) Report, before the hearing, the physician's opinion as to
the following:
(A) Whether the individual is an alcoholic, incapacitated
by alcohol, or a drug abuser, and either dangerous or
gravely disabled.
(B) Whether the individual needs temporary commitment
to a facility for diagnosis, care, and treatment.
(l) If a report made under subsection (k) that the individual is
not either dangerous or gravely disabled, the court may terminate
the proceedings and dismiss the petition. Otherwise, the hearing
must proceed as scheduled or as continued by the court.
(m) If, upon the completion of the hearing and consideration of
the record, the court finds that the individual is an alcoholic,
incapacitated by alcohol, or a drug abuser, and either dangerous
or gravely disabled, the court may order the individual to:
(1) be committed to an appropriate facility; or
(2) enter an outpatient treatment program under section 22 of
this chapter for a period of not more than ninety (90) days.
(n) The court's order must require that the facility director or
the attending physician file a treatment plan with the court within
fifteen (15) days after the individual's admission to the facility
under a commitment order.
(o) Unless the court has entered an order under section 20 of
this chapter, the facility director or the attending physician may
discharge the individual before the end of the commitment period
if the facility director or attending physician determines that the
individual is not an alcoholic, incapacitated by alcohol, or a drug
abuser, and either dangerous or gravely disabled.
(p) If an individual is discharged under subsection (o), the
facility director or the attending physician shall notify the court,
and the court shall enter an order terminating the commitment.
(q) The period of commitment of an individual under this
chapter may be extended for one (1) additional period of not more
than ninety (90) days through a proceeding under this subsection.
A proceeding under this subsection:
(1) must be begun before the end of the first period of
commitment; and
(2) may be begun by filing with the court a report by the
attending physician or facility director that states that the
individual continues to be:
(A) an alcoholic, incapacitated by alcohol, or a drug
abuser, and either dangerous or gravely disabled; and
(B) in need of continuing custody, care, or treatment in the
facility for an additional period of not more than ninety
(90) days.
(r) Upon receiving a report under subsection (q), the court shall
set a hearing on the report that must be held before the end of the
current commitment period.
(s) Notice of the hearing shall be given to the committed
individual and all other interested individuals at least five (5) days
before the hearing date.
(t) A committed individual's rights and a petitioner's rights and
hearing procedures are the same as those provided for the first
period of commitment.
(u) If at the completion of the hearing and the consideration of
the record the individual is found to be:
(1) an alcoholic, incapacitated by alcohol, or a drug abuser,
and either dangerous or gravely disabled; and
(2) in need of continuing custody, care, or treatment in the
facility;
the court may order the individual's continuing custody, care, or
treatment in the facility for one (1) additional period of not more
than ninety (90) days.
(v) At least twenty (20) days before the end of the first or second
temporary commitment period, the facility director or the
attending physician shall make a report to the court that states all
of the following:
(1) The progress of the individual's treatment.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual needs continuing care and
treatment in a facility for a period of more than ninety (90)
days.
a hearing within ten (10) days after notice was given under
subsection (c) , the committed individual shall be discharged unless
the facility director determines that the individual is an alcoholic,
incapacitated by alcohol, or a drug abuser, and either dangerous
or gravely disabled.
(f) If the facility director is notified of a petition under
subsection (c), the committed individual may not be discharged
except as provided in this chapter.
(g) If the court receives a petition under subsection (c), the court
shall set a hearing date.
(h) The hearing date set under subsection (g) must be within
twenty (20) days after the petition is filed.
(i) If a hearing is not held within twenty (20) days after the filing
of the petition, the committed individual shall be discharged unless
either of the following apply:
(1) The individual agrees to a continuance.
(2) The facility director determines that the individual is an
alcoholic, incapacitated by alcohol, or a drug abuser, and
either dangerous or gravely disabled.
(j) At the hearing the petitioner is entitled to present evidence
concerning the committed individual's drug and alcohol issues.
(k) The court shall order the discharge of a committed
individual and terminate the commitment if the court finds that the
individual is not an alcoholic, incapacitated by alcohol, or a drug
abuser and is not either dangerous or gravely disabled.
(l) If the court does not order the discharge of the committed
individual under subsection (k), the court may appoint a guardian
to provide for the individual's continued care.
[EFFECTIVE JULY 1, 2010]: Sec. 22. (a) If a hearing has been held
under section 19 of this chapter and the court finds that the
individual is:
(1) an alcoholic, incapacitated by alcohol, or a drug abuser,
and either dangerous or gravely disabled;
(2) likely to benefit from an outpatient therapy program that
is designed to decrease the individual's dangerousness or
disability;
(3) not likely to be either dangerous or gravely disabled if the
individual complies with the therapy program; and
(4) recommended for an outpatient therapy program by the
individual's examining physician;
the court may order the individual to enter a therapy program as
an outpatient.
(b) Before the court may issue an order under subsection (a), a
representative of an outpatient therapy program approved by the
court must represent to the court that the individual may enter
that program immediately.
(c) The court may require an individual ordered to enter an
outpatient therapy program under subsection (a) to do the
following:
(1) Follow the therapy program the individual enters.
(2) Attend each medical, psychiatric, and rehabilitation
appointment made for the individual.
(3) Reside at a location determined by the court.
(4) Comply with other conditions determined by the court.
(d) If a staff member of a program involved in the treatment,
supervision, rehabilitation, or care of an individual ordered to
enter an outpatient therapy program under subsection (a) has
reason to believe that the individual has failed to comply with the
requirements of subsection (c), the staff member shall immediately
notify the court of the failure to comply.
(e) An individual may be transferred from an outpatient
therapy program to the inpatient unit of the facility that has the
original commitment.
(f) An individual may not be imprisoned or confined in a jail or
correctional facility unless the individual has been placed under
arrest.
(g) A facility to which an individual is transferred under
subsection (e) shall immediately notify the court of the transfer.
(h) Upon receiving notification under subsection (d), the court
shall reopen the original commitment proceeding and determine
whether the:
(1) individual:
(A) has failed to comply with the requirements of
subsection (c);
(B) is an alcoholic, incapacitated by alcohol, or a drug
abuser, and either dangerous or gravely disabled; and
(C) should be committed to a facility under this article; or
(2) individual should continue to be maintained on an
outpatient commitment, subject to an additional court order
that:
(A) requires a law enforcement officer to apprehend and
transport the individual to a facility for treatment; and
(B) applies:
(i) after notification to the court by the facility or
provider responsible for the individual's commitment;
and
(ii) whenever the individual fails to attend a scheduled
outpatient appointment or fails to comply with a
condition of the outpatient commitment.
(i) If the court receives notice of a transfer under subsection (g),
the court may conduct a review to determine the validity of the
transfer.
(j) If an individual is ordered to enter a therapy program under
subsection (a), the individual is entitled to a review of the order and
release from the program at the same intervals and under the same
conditions as an individual committed under section 19 of this
chapter.
(k) If an individual:
(1) has been committed under section 19 of this chapter;
(2) is likely to benefit from a therapy program designed to
decrease the individual's dangerousness or grave disability;
(3) is not likely to be either dangerous or gravely disabled if
the individual continues to follow the therapy program; and
(4) is recommended for an outpatient therapy program by the
individual's attending or examining physician;
the facility director in which the individual is committed or the
court at the time of commitment may place the individual on
outpatient status for the remainder of the individual's commitment
period, subject to the conditions of outpatient therapy programs
under subsection (l).
(l) An individual placed on outpatient status under subsection
(k) may be required to do the following:
(1) Follow the therapy program designed by the facility in
which the individual has been placed.
(2) Attend any medical, rehabilitation, or psychiatric
appointments made for the individual with respect to the
individual's psychiatric condition.
(3) Reside at a place designated by the facility director.
(m) If the individual's attending or examining physician
determines that the individual has failed to comply with the
requirements under subsection (l) and is likely to be dangerous or
gravely disabled, the individual:
(1) may be returned to the facility to which the individual is
committed under this article as an inpatient; or
(2) may be transferred to a short term subacute stabilization
treatment program under this chapter.
(n) After an individual has been returned to the facility to which
the individual is committed under this article, the director shall
conduct a hearing under IC 4-21.5-3 to determine whether:
(1) the individual has failed to comply with the requirements
described in subsection (l);
(2) the individual is in need of inpatient treatment; and
(3) the individual's outpatient status should be revoked.
(o) A hearing required by subsection (a) may be conducted by
a hearing officer appointed by the director.
(p) An individual may appeal under IC 4-21.5-5 a determination
of the hearing officer by filing a petition with the court that
committed the individual under section 19 of this chapter.
[EFFECTIVE JULY 1, 2010]: IC 12-23-11-14.5 (Concerning a
person who takes certain actions with regard to the commitment
of an individual for involuntary drug or alcohol treatment).