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.
January 22, 2001, read first time and referred to Committee on Public Policy.
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
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.