reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 7.1. Continuance of Prosecution After Criminal Charge › 12-23-7.1-7. Court Determination; Individual to Answer Charge

Sec. 7. If the court, acting on the report and other information coming to the court's attention, determines that:
(1) an individual is not a drug abuser or an alcoholic; or
(2) the individual is not likely to be rehabilitated through treatment;
the individual may be held to answer the charge.
As added by P.L.187-2015, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 7.1. Continuance of Prosecution After Criminal Charge › 12-23-7.1-8. Court Deferral; Consent of Prosecuting Attorney

Sec. 8. If the court determines that an individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment, the court may, with the consent of the prosecuting attorney:
(1) defer the trial; or
(2) without a jury, conduct the trial of the individual but may, with the consent of the prosecuting attorney, do the following:
(A) Defer entering general findings with respect to the individual until the time that prosecution may be resumed.
(B) Place the individual under the supervision of the division for treatment for a maximum of three (3) years.
As added by P.L.187-2015, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 7.1. Continuance of Prosecution After Criminal Charge › 12-23-7.1-10. Division Acceptance

Sec. 10. An individual may not be placed under the supervision of the division for treatment under this chapter unless the division accepts the individual for treatment.
As added by P.L.187-2015, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 7.1. Continuance of Prosecution After Criminal Charge › 12-23-7.1-11. Criminal Charge; Continued or Dismissed

Sec. 11. If an individual is placed under the supervision of the division for treatment under this chapter, the criminal charge against the individual shall be:
(1) continued without final disposition; and
(2) dismissed if the division certifies to the court that the individual has successfully completed the treatment program.
As added by P.L.187-2015, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 7.1. Continuance of Prosecution After Criminal Charge › 12-23-7.1-12. Resumption of Criminal Proceeding

Sec. 12. (a) If by the expiration of the supervisory period the division has not been able to certify that an individual has completed the treatment program, the pending proceeding may be resumed upon motion of the prosecuting attorney.
(b) If, before the supervisory period expires, the division determines that further treatment of the individual is not likely to be successful, the division shall so advise the court. The court shall terminate the supervision, and the pending criminal proceeding may be resumed upon motion of the prosecuting attorney.
As added by P.L.187-2015, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 7.1. Continuance of Prosecution After Criminal Charge › 12-23-7.1-13. Accrued Time

Sec. 13. If a criminal proceeding is resumed and the individual subsequently completes the treatment program, the individual is entitled to accrued time for the time spent in institutional care.
As added by P.L.187-2015, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 7.1. Continuance of Prosecution After Criminal Charge › 12-23-7.1-14. Release Requirements

Sec. 14. The division may not release an offender under section 2(2) of this chapter to an alcohol and drug services treatment program that is not a program administered by a court under IC 12-23-14 or that has not complied with the certification requirements of the division of mental health and addiction.
As added by P.L.187-2015, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 8. Repealed

[Pre-1992 Revision Citations:
12-23-8-1formerly 16-13-6.1-18(a) part12-23-8-2formerly 16-13-6.1-18(a) part12-23-8-3formerly 16-13-6.1-18(b) part12-23-8-4formerly 16-13-6.1-18(b) part12-23-8-5formerly 16-13-6.1-18(b) part12-23-8-6formerly 16-13-6.1-18(b) part12-23-8-7formerly 16-13-6.1-18(b) part12-23-8-8formerly 16-13-6.1-18(b) part12-23-8-9formerly 16-13-6.1-18(b) part12-23-8-10formerly 16-13-6.1-18(b) part12-23-8-11formerly 16-13-6.1-18(c).]
Repealed by P.L.113-2014, SEC.39.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 8.1. Treatment and Probation Following Criminal Conviction › 12-23-8.1-1. Probation; Request for Treatment

Sec. 1. If:
(1) a court has reason to believe that an individual convicted of an offense is a drug abuser or an alcoholic or the individual states that the individual is a drug abuser or an alcoholic; and
(2) the court finds that the individual is eligible to make the request for treatment provided for under IC 12-23-6.1;
the court may advise the individual that the individual may be placed on probation, subject to any mandatory minimum or nonsuspendible sentence imposed on the individual, if the individual requests to undergo treatment and is accepted for treatment by the division.
As added by P.L.187-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 8.1. Treatment and Probation Following Criminal Conviction › 12-23-8.1-2. Conditions of Probation

Sec. 2. (a) In offering an individual an opportunity to request treatment, the court shall advise the individual of what may be required of the individual under IC 35-38-2-2.3 as conditions of probation.
(b) The court may certify an individual for treatment while on probation regardless of the failure of the individual to request treatment.
As added by P.L.187-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 8.1. Treatment and Probation Following Criminal Conviction › 12-23-8.1-3. Examination by Division

Sec. 3. If an individual requests to undergo treatment or is certified for treatment, the court may order an examination by the division to determine whether the individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment.
As added by P.L.187-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 8.1. Treatment and Probation Following Criminal Conviction › 12-23-8.1-4. Denial of Request

Sec. 4. The court may deny the request if after conducting a presentence investigation the court finds that the individual would not qualify under criteria of the court to be released on probation.
As added by P.L.187-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 8.1. Treatment and Probation Following Criminal Conviction › 12-23-8.1-6. Court Duties

Sec. 6. The court shall do the following:
(1) Transmit to the division a summary of an individual's criminal history.
(2) Transmit to the division a copy of the reports on all background and presentence investigations conducted by or for the court.
As added by P.L.187-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 8.1. Treatment and Probation Following Criminal Conviction › 12-23-8.1-7. Division Duties; Report and Recommendation

Sec. 7. Within a reasonable time after receiving an order to conduct an examination and after the court submits the required supporting documents and certification of eligibility, the division shall do the following:
(1) Report to the court the results of the examination.
(2) Recommend whether the individual should be placed on probation and supervision for treatment.
As added by P.L.187-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 8.1. Treatment and Probation Following Criminal Conviction › 12-23-8.1-8. Court Determination; Sentencing of Individual

Sec. 8. If the court, acting on a report and other information coming to the court's attention, determines that:
(1) an individual is not a drug abuser or an alcoholic; or
(2) the individual is not likely to be rehabilitated through treatment;
the court shall sentence the individual as in other cases.
As added by P.L.187-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 8.1. Treatment and Probation Following Criminal Conviction › 12-23-8.1-9. Court Determination; Placement of Individual on Probation

Sec. 9. If the court determines that an individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment, the court may do the following:
(1) Place the individual on probation under IC 35-38-2 and under the supervision of the division for treatment.
(2) Require progress reports on the individual from the probation officer and the division that the court finds necessary.
As added by P.L.187-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 8.1. Treatment and Probation Following Criminal Conviction › 12-23-8.1-11. Probation Violation

Sec. 11. (a) Failure of an individual placed on probation and under the treatment supervision of the division to observe the requirements set down by the division constitutes a violation of a condition of probation.
(b) A failure shall be reported by the division to the probation officer in charge of the individual and treated in accordance with IC 35-38-2-3.
As added by P.L.187-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 9. Voluntary Treatment by Division for Alcoholics › 12-23-9-1. Application for Treatment; Minors

Sec. 1. An alcoholic may apply for voluntary treatment directly to a certified treatment facility. If the proposed patient is a minor or an incapacitated individual, the proposed patient, a parent, a legal guardian, or other legal representative may make the application.
[Pre-1992 Revision Citation: 16-13-6.1-19(a).]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 9. Voluntary Treatment by Division for Alcoholics › 12-23-9-2. Examination by Physician

Sec. 2. An individual who:
(1) comes voluntarily; or
(2) is a minor or an incapacitated individual who is brought to a certified public treatment facility;
shall be examined by a licensed physician as soon as possible.
[Pre-1992 Revision Citation: 16-13-6.1-19(b) part.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 9. Voluntary Treatment by Division for Alcoholics › 12-23-9-3. Admission; Referral; Transportation

Sec. 3. (a) After a physical examination under section 2 of this chapter, an individual may be admitted as a patient or referred to another health facility.
(b) The referring certified treatment facility shall arrange for the individual's transportation.
[Pre-1992 Revision Citation: 16-13-6.1-19(b) part.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 9. Voluntary Treatment by Division for Alcoholics › 12-23-9-4. Incapacitation by Alcohol; Length of Detention

Sec. 4. (a) An individual who by medical examination is found to be incapacitated by alcohol at the time of admission or to have become incapacitated by alcohol at any time after admission may not be detained at a facility:
(1) after the individual is no longer incapacitated by alcohol; or
(2) if the individual remains incapacitated by alcohol for more than forty-eight (48) hours after admission as a patient, unless the individual is committed under IC 12-23-7.1 through IC 12-23-8.1.
(b) An individual may consent to remain in a facility as long as the physician in charge believes it is appropriate.
[Pre-1992 Revision Citation: 16-13-6.1-19(c).]
As added by P.L.2-1992, SEC.17. Amended by P.L.113-2014, SEC.40; P.L.187-2015, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 9. Voluntary Treatment by Division for Alcoholics › 12-23-9-5. Notification of Family or Next of Kin

Sec. 5. (a) If an individual is admitted to a certified public treatment facility, the individual's family or next of kin shall be notified as soon as possible.
(b) An adult patient who is not incapacitated may request that there be no notification. The request shall be respected.
[Pre-1992 Revision Citation: 16-13-6.1-19(d).]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 9. Voluntary Treatment by Division for Alcoholics › 12-23-9-6. Determination by Administrator of Persons to Be Admitted; Referral to Another Facility; Rules

Sec. 6. (a) The administrator in charge of a certified treatment facility may determine who shall be admitted for treatment.
(b) If an individual is refused admission, the administrator shall refer the individual to another approved public treatment facility for treatment if possible and appropriate.
(c) The administrator's determinations under this section are subject to rules adopted under IC 12-23-1-6(7).
[Pre-1992 Revision Citation: 16-13-6.1-19(e).]
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.43; P.L.210-2015, SEC.59.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 9. Voluntary Treatment by Division for Alcoholics › 12-23-9-7. Patients Leaving Facility; Outpatient and Intermediate Treatment; Assistance

Sec. 7. If a patient receiving inpatient care leaves a certified treatment facility, the patient shall be encouraged to consent to appropriate outpatient or intermediate treatment. If the administrator in charge of the treatment facility believes that the patient is an alcoholic who requires help, the bureau may assist the patient in obtaining supportive services and residential facilities.
[Pre-1992 Revision Citation: 16-13-6.1-19(f).]
As added by P.L.2-1992, SEC.17. Amended by P.L.6-1995, SEC.14; P.L.210-2015, SEC.60.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 9. Voluntary Treatment by Division for Alcoholics › 12-23-9-8. Police Officer Taking Custody of Intoxicated Individual; Immunity From Liability

Sec. 8. A police officer who takes custody of an intoxicated individual in good faith for the purpose of delivering the individual to:
(1) a certified treatment facility; or
(2) the alcoholic rehabilitation program provided for in IC 12-23-14;
is immune from civil or criminal liability arising out of a claim for or charge of false arrest or false imprisonment.
[Pre-1992 Revision Citation: 16-13-6.1-19(g).]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 10. Repealed

[Pre-1992 Revision Citations:
12-23-10-1formerly 16-13-6.1-20 part12-23-10-2formerly 16-13-6.1-20 part12-23-10-3formerly 16-13-6.1-20 part12-23-10-4formerly 16-13-6.1-20 part.]
Repealed by P.L.113-2014, SEC.41.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 10.1. Voluntary Treatment by Division for Drug Abusers › 12-23-10.1-1. Request for Treatment

Sec. 1. An individual who believes the individual is a drug abuser may request the division or a facility approved by the division to provide the individual with treatment.
As added by P.L.187-2015, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 10.1. Voluntary Treatment by Division for Drug Abusers › 12-23-10.1-2. Examination of Individual

Sec. 2. Upon receipt of a request, the division or facility may require an examination of the individual to determine if:
(1) the individual is a drug abuser; and
(2) the individual should be admitted to an existing treatment facility or program.
As added by P.L.187-2015, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 10.1. Voluntary Treatment by Division for Drug Abusers › 12-23-10.1-4. Decision of Facility

Sec. 4. The decision of the facility whether to offer treatment to an individual and whether to discontinue treatment to an individual is final and not subject to appeal.
As added by P.L.187-2015, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 11.1. Involuntary Treatment by Division for Alcoholics and Drug Abusers › 12-23-11.1-1. Involuntary Commitment

Sec. 1. (a) Except as provided in subsection (b), an individual who is:
(1) an alcoholic;
(2) incapacitated by alcohol; or
(3) a drug abuser;
may be involuntarily committed to the care of the division under IC 12-26.
(b) A drug abuser who is charged with or convicted of an offense that makes the individual ineligible to make an election for treatment under IC 12-23-6.1 may not be involuntarily committed under subsection (a).
As added by P.L.187-2015, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 11.1. Involuntary Treatment by Division for Alcoholics and Drug Abusers › 12-23-11.1-2. Parole Conditions

Sec. 2. (a) Acceptance of treatment for drug abuse under the supervision of the division may be made a condition of parole under IC 11-13-3-4. Failure to comply with treatment may be treated as a violation of parole.
(b) The division shall establish the conditions under which a parolee is accepted for treatment.
(c) A parolee may not be placed under supervision of the division for treatment unless the division accepts the individual for treatment.
(d) The division shall make periodic progress reports regarding each parolee to the appropriate parole authority and shall report failures to comply with the prescribed treatment program.
As added by P.L.187-2015, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 12. Voluntary and Involuntary Treatment by Division for Minors › 12-23-12-1. Notification or Consent of Parents or Guardians; Treatment in Absence of Notification

Sec. 1. A minor who voluntarily seeks treatment for alcoholism, alcohol abuse, or drug abuse from the division or a facility approved by the division may receive treatment without notification or consent of the parents, guardian, or person having control or custody of the minor.
[Pre-1992 Revision Citation: 16-13-6.1-23 part.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 12. Voluntary and Involuntary Treatment by Division for Minors › 12-23-12-2. Notification or Consent of Parents or Guardians; Discretion of Division or Facility; Immunity From Suit

Sec. 2. Notification or consent is at the discretion of the division or a facility approved by the division. A criminal action or civil suit may not be maintained against the division or the division's agents for the reasonable exercise of this discretion.
[Pre-1992 Revision Citation: 16-13-6.1-23 part.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 12. Voluntary and Involuntary Treatment by Division for Minors › 12-23-12-3. Court Placement

Sec. 3. A minor less than eighteen (18) years of age may be placed under the treatment supervision of the division by the court having jurisdiction over the minor, according to the procedure established for juveniles in such cases or the procedure established by this article if the court having juvenile jurisdiction waives jurisdiction.
[Pre-1992 Revision Citation: 16-13-6.1-24.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 13. Miscellaneous Lawful Activity Relating to Controlled Substances › 12-23-13-1. Individuals Under Influence of Controlled Substance in Public Place; Lawful Circumstances

Sec. 1. It is lawful for an individual to be under the influence of a controlled substance in a public place if the individual can present positive proof of the following:
(1) The individual is under the care of the division, a community mental health center, a managed care provider, or a licensed physician.
(2) The controlled substance constitutes medical treatment authorized by state and federal law.
[Pre-1992 Revision Citation: 16-13-6.1-25.]
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 13. Miscellaneous Lawful Activity Relating to Controlled Substances › 12-23-13-2. Prescribing, Dispensing, or Administering Controlled Substances for Treatment of Drug Abuse; Conditions

Sec. 2. It is lawful to prescribe, dispense, or administer controlled substances for the treatment of drug abuse if the following conditions are met:
(1) The controlled substances are used for the treatment or maintenance of a drug abuser.
(2) The treatment or maintenance is medically indicated.
(3) The treatment or maintenance is prescribed by a physician as a part of a rehabilitation program approved by the director and dispensed in compliance with the regulations for the dispensing of controlled substances.
[Pre-1992 Revision Citation: 16-13-6.1-26.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-30(a).]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-30(b) part.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-30(b) part.]
As added by P.L.2-1992, SEC.17. Amended by P.L.168-2002, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-30(c) part.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-30(c) part.]
As added by P.L.2-1992, SEC.17. Amended by P.L.192-2007, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-30(d) part.]
As added by P.L.2-1992, SEC.17. Amended by P.L.168-2002, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-30(d) part.]
As added by P.L.2-1992, SEC.17. Amended by P.L.122-1997, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 12-23-14-8. Establishment in County of Alcohol and Drug Services Program; Statement From Office of Judicial Administration; 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 office of judicial administration 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.
[Pre-1992 Revision Citation: 16-13-6.1-30(e) part.]
As added by P.L.2-1992, SEC.17. Amended by P.L.122-1997, SEC.3; P.L.161-2018, SEC.28.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-30(e) part.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-30(f).]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-30(g).]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-30(h).]
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.45.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 12-23-14-13. Powers of the Office of Judicial Administration

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 office of judicial administration created by IC 33-24-6-1.
(d) With regard to alcohol and drug services programs established under this chapter, the office of judicial administration 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 office of judicial administration.
(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 office of judicial administration.
[Pre-1992 Revision Citation: 16-13-6.1-30(i), (j).]
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; P.L.161-2018, SEC.29; P.L.10-2019, SEC.62.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-31(a).]
As added by P.L.2-1992, SEC.17. Amended by P.L.98-2004, SEC.88.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
[Pre-1992 Revision Citation: 16-13-6.1-31(b).]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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, excluding reasonable fees for education or treatment and rehabilitation services, may not exceed four hundred dollars ($400).
(d) An alcohol and drug services program or the clerk of the court shall collect fees under this chapter. The fees must be transferred within thirty (30) days after the fees are collected for deposit by the auditor or fiscal officer in the appropriate user fee fund established under IC 33-37-8.
[Pre-1992 Revision Citation: 16-13-6.1-31(c).]
As added by P.L.2-1992, SEC.17. Amended by P.L.113-2001, SEC.3; P.L.136-2012, SEC.6; P.L.187-2015, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 12-23-14-17. Indiana Supreme Court Drug and Alcohol Programs Fund; Grants

Sec. 17. (a) The Indiana supreme court 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 office of judicial administration established by IC 33-24-6-1.
(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.
(d) The office of judicial administration may award a grant from the fund to a probation department or a community corrections program to increase substance abuse treatment access for individuals on probation or individuals placed in a community corrections program who are under court supervision and who have been diagnosed with a substance abuse disorder or co-occurring disorder.
(e) To receive a grant under this section, a probation department or community corrections program and the agency that will be providing treatment if the grant is approved must submit an application to the office of judicial administration:
(1) on a form; and
(2) in the manner;
prescribed by the office of judicial administration.
(f) The office of judicial administration shall determine the amount of a grant awarded under this section in consultation with the division of mental health and addiction and the local probation department or community corrections program.
(g) Mental health and substance abuse counseling provided by grants under this section must be contracted for with a certified mental health or addiction provider as determined by the division of mental health and addiction.
As added by P.L.122-1997, SEC.5. Amended by P.L.98-2004, SEC.89; P.L.158-2013, SEC.182; P.L.161-2018, SEC.30.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 14. Court Established Alcohol and Drug Services Program › 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.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 15. Citations for Public Intoxication › 12-23-15-1. Arrest for Public Intoxication; Options Available

Sec. 1. A police officer or peace officer making an arrest for public intoxication may do the following:
(1) If an individual is unmanageable or is causing damage to the individual or others, take the individual into custody for criminal processing in the city lock-up or county jail.
(2) If an individual is manageable and not causing damage to the individual or others, issue a citation and do either of the following:
(A) If within reasonable proximity, take the individual to any of the following:
(i) The individual's home.
(ii) The home of a relative of the individual.
(iii) A responsible person who is competent and willing to provide care, assistance, and treatment.
(B) Take the individual to an approved public or private treatment facility or to the city lock-up or county jail if no facility is available.
[Pre-1992 Revision Citation: 16-13-6.1-32(a), (b).]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 15. Citations for Public Intoxication › 12-23-15-2. Individuals Taken to City Lock-Up or County Jail; Evaluation of Nonalcoholic Factors Contributing to Intoxicated Appearance

Sec. 2. An individual to be taken to the city lock-up or county jail shall be evaluated at the earliest possible time for nonalcoholic factors that may be contributing to the appearance of intoxication.
[Pre-1992 Revision Citation: 16-13-6.1-32(c).]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 15. Citations for Public Intoxication › 12-23-15-3. Form and Contents of Citation

Sec. 3. A citation written for the purpose of the offense of public intoxication must contain the following:
(1) The name of the individual arrested.
(2) The place where arrested.
(3) The name of the arresting officer.
(4) The time of arrest.
(5) The time and place for trial.
(6) Any other pertinent information thought necessary by the enforcement agency under whose jurisdiction the intoxicated individual was arrested.
[Pre-1992 Revision Citation: 16-13-6.1-33.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 16. Program on Drug Abuse › 12-23-16-1. Symptoms and Conditions Constituting Drug Abuse; Determination by Director

Sec. 1. For the purpose of this chapter, the director, in accordance with sound medical and psychiatric knowledge, may determine what symptoms and conditions must exist to say that an individual abuses drugs.
[Pre-1992 Revision Citation: 16-13-7-1.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 16. Program on Drug Abuse › 12-23-16-2. Powers and Duties of Division

Sec. 2. The division may do the following:
(1) Provide for the promotion, establishment, coordination, and conduct of unified local programs of prevention, diagnosis, treatment, and rehabilitation in the field of drug abuse in cooperation with federal, state, local, and private agencies.
(2) Survey and analyze the state's needs and formulate a comprehensive plan for the long range development of local community treatment programs through the utilization of state, federal, local, and private resources for the prevention and control of drug abuse.
(3) With the approval of the budget agency, make agreements concerning local community treatment programs, including agreements with public and private agencies, to do or cause to be done whatever is necessary, desirable, or proper to carry out the purposes and objectives of this chapter within the amounts made available by appropriation, gift, grant, devise, or bequest.
(4) Establish and operate local community rehabilitation centers and other local facilities that the division considers necessary or desirable for the care, treatment, and rehabilitation of drug abusers.
(5) Approve facilities and services for the local community treatment, care, or rehabilitation of drug abusers.
(6) With the approval of the budget agency, accept on behalf of the state a gift, grant, devise, or bequest.
(7) Adopt rules under IC 4-22-2 to implement this chapter.
[Pre-1992 Revision Citation: 16-13-7-2.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 16. Program on Drug Abuse › 12-23-16-3. Drug Abuse Treatment and Rehabilitation Centers; Establishment

Sec. 3. The division may establish drug abuse treatment and rehabilitation units:
(1) independently within local communities;
(2) as part of the community mental health plan; or
(3) in cooperation with local authorities or associations for the purpose of study, rehabilitation, and treatment necessary for the control and prevention of drug abuse.
[Pre-1992 Revision Citation: 16-13-7-3.]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 17. Institution for Alcohol and Drug Abusers › 12-23-17-1. Alcohol and Drug Abusers; Separate State Institution; Establishment; Transfer of Programs, Records, and Property

Sec. 1. With the approval of the governor, the director may do the following:
(1) Establish a separate state institution for the purposes of observing, diagnosing, or treating alcohol abusers or drug abusers.
(2) Transfer any part of the programs, records, and property at another state institution administered by the division relating to the observation, diagnosis, and treatment of alcohol abusers or drug abusers and the unused property at the other state institution to the state institution established under subdivision (1).
[Pre-1992 Revision Citation: 16-13-1-9.3(b).]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 17. Institution for Alcohol and Drug Abusers › 12-23-17-2. Administration of State Institution

Sec. 2. The division shall administer and operate a state institution established under section 1 of this chapter.
[Pre-1992 Revision Citation: 16-13-1-9.3(c).]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 17. Institution for Alcohol and Drug Abusers › 12-23-17-3. Transfer of Programs, Records, and Property; Transfer of Related Appropriations

Sec. 3. If the programs, records, and property of a state institution are transferred under section 1(2) of this chapter, the state board of finance shall, under IC 4-9.1-1-7 and IC 4-13-2-23, transfer an appropriation to the state institution related to the transferred programs, records, and property to the state institution established under section 1 of this chapter.
[Pre-1992 Revision Citation: 16-13-1-9.3(d).]
As added by P.L.2-1992, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 18. Methadone Diversion Control and Oversight Program › 12-23-18-0.5. Opioid Treatment Program; Requirements for Operation

Sec. 0.5. (a) An opioid treatment program shall not operate in Indiana unless the opioid treatment program meets the following conditions:
(1) Is specifically approved and the opioid treatment facility is certified by the division.
(2) Is in compliance with state and federal law.
(3) Provides treatment for opioid addiction using a drug approved by the federal Food and Drug Administration for the treatment of opioid addiction, including:
(A) opioid maintenance;
(B) detoxification;
(C) overdose reversal;
(D) relapse prevention; and
(E) long acting, nonaddictive medication assisted treatment medications.
(4) Beginning July 1, 2017, is:
(A) enrolled:
(i) as a Medicaid provider under IC 12-15; and
(ii) as a healthy Indiana plan provider under IC 12-15-44.2; or
(B) enrolled as an ordering, prescribing, or referring provider in accordance with Section 6401 of the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) and maintains a memorandum of understanding with a community mental health center for the purpose of ordering, prescribing, or referring treatments covered by Medicaid and the healthy Indiana plan.
(b) Separate specific approval and certification under this chapter is required for each location at which an opioid treatment program is operated. If an opioid treatment program moves the opioid treatment program's facility to another location, the opioid treatment program's certification does not apply to the new location and certification for the new location under this chapter is required.
(c) Each opioid treatment program that is enrolled as an ordering, prescribing, or referring provider shall report to the office on an annual basis the services provided to Indiana Medicaid patients. The report must include the following:
(1) The number of Medicaid patients seen by the ordering, prescribing, or referring provider.
(2) The services received by the provider's Medicaid patients, including any drugs prescribed.
(3) The number of Medicaid patients referred to other providers.
(4) Any other provider types to which the Medicaid patients were referred.
As added by P.L.116-2008, SEC.2. Amended by P.L.1-2009, SEC.108; P.L.8-2016, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 18. Methadone Diversion Control and Oversight Program › 12-23-18-1. Rules

Sec. 1. (a) Subject to federal law and consistent with standard medical practice in opioid treatment of drug abuse, the division shall adopt rules under IC 4-22-2 to establish and administer an opioid treatment diversion control and oversight program to identify individuals who divert opioid treatment medications from legitimate treatment use and to terminate the opioid treatment of those individuals.
(b) Rules adopted under subsection (a) must include provisions relating to the following matters concerning opioid treatment programs and patients who receive opioid treatment:
(1) Regular clinic attendance by the patient.
(2) Specific counseling requirements for the opioid treatment program.
(3) Serious behavior problems of the patient.
(4) Stable home environment of the patient.
(5) Safe storage capacity of opioid treatment medications within the patient's home.
(6) Medically recognized testing protocols to determine legitimate opioid treatment medication use.
(7) The opioid treatment program's medical director and administrative staff responsibilities for preparing and implementing a diversion control plan.
As added by P.L.11-2003, SEC.2. Amended by P.L.116-2008, SEC.3.