Introduced Version






SENATE BILL No. 506

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-30-9-8 ; IC 12-23-14.

Synopsis: Court ordered drug and alcohol programs. Increases the fees that may be charged for participation in court ordered alcohol and drug programs. Permits the board of directors of the judicial conference to adopt rules governing the certification, operations, and employee qualifications for court alcohol and drug services programs.

Effective: July 1, 2001.





Wyss, Alexa




    January 22, 2001, read first time and referred to Committee on Public Policy.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 506



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 9-30-9-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. (a) The court shall order a defendant participating in a program under this chapter to pay an alcohol abuse deterrent program fee or a medical fee, or both, unless the court determines that the defendant is indigent.
    (b) An alcohol abuse deterrent program fee ordered under this section may not exceed:
         (1) three hundred fifty dollars ($350) four hundred dollars ($400) before July 1, 2002; or
        (2) five hundred dollars ($500) after June 30, 2002.

    (c) A medical fee ordered under this section may not exceed one hundred dollars ($100) one hundred fifty dollars ($150).
    SECTION 2. IC 12-23-14-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13. (a) As used in this section, "board" refers to the board of directors of the judicial conference of Indiana established 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 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 33-13-14-2.
     (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 supported or private university; 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.

    SECTION 3. IC 12-23-14-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: 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:
         (1) three hundred dollars ($300) four hundred dollars ($400) before July 1, 2002; or
        (2) five hundred dollars ($500) after June 30, 2002.

    (d) A fee collected shall be deposited in the city or county user fee fund.