reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 6. Circuit Court and Superior Court Domestic Relations Alternative Dispute Resolution › 33-23-6-3. Plan; Judicial Approval

Sec. 3. (a) A county desiring to participate in the program under this chapter must:
(1) develop a plan to carry out the purposes of section 2 of this chapter that is approved by a majority of the judges in the county exercising jurisdiction over domestic relations and paternity cases; and
(2) submit the plan to the judicial conference of Indiana.
(b) The plan under subsection (a) must include:
(1) information concerning how the county proposes to carry out the purposes of the domestic relations alternative dispute resolution fund as set out in section 2 of this chapter; and
(2) a method of ensuring that the money in the alternative dispute resolution fund is disbursed in a manner that primarily benefits those litigants who have the least ability to pay.
The plan may include the use of senior judges as mediators in domestic relations cases as assigned by the supreme court. The judicial conference of Indiana may request additional information from the county as necessary.
[Pre-2004 Recodification Citation: 33-4-13-3.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 6. Circuit Court and Superior Court Domestic Relations Alternative Dispute Resolution › 33-23-6-4. Annual Report

Sec. 4. A county that participates in the program under this chapter shall submit a report to the judicial conference of Indiana not later than December 31 of each year summarizing the results of the program.
[Pre-2004 Recodification Citation: 33-4-13-4.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 7. Repealed

[Pre-2004 Recodification Citations:
33-23-7-1formerly 33-12-3-133-23-7-2formerly 33-12-3-233-23-7-3formerly 33-12-3-333-23-7-4formerly 33-12-3-4.]
Repealed by P.L.201-2011, SEC.115.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 8. Notice to Licensing Body of Insurance Fraud Conviction › 33-23-8-1. "Governmental Body" Defined

Sec. 1. As used in this chapter, "governmental body" means an agency, a board, or a commission of the legislative, executive, or judicial branch of state government.
[Pre-2004 Recodification Citation: 33-1-16-1.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 8. Notice to Licensing Body of Insurance Fraud Conviction › 33-23-8-2. "License" Defined

Sec. 2. As used in this chapter, "license" means an occupational or a professional license, registration, permit, or certificate issued by a governmental body.
[Pre-2004 Recodification Citation: 33-1-16-2.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 8. Notice to Licensing Body of Insurance Fraud Conviction › 33-23-8-3. "Practitioner"

Sec. 3. As used in this section, "practitioner" means a person who holds a license. The term includes the following:
(1) An attorney.
(2) A person practicing an occupation or a profession that is licensed under IC 27 or by an entity described in IC 25-0.5-3.
[Pre-2004 Recodification Citation: 33-1-16-3.]
As added by P.L.98-2004, SEC.2. Amended by P.L.3-2014, SEC.28.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 8. Notice to Licensing Body of Insurance Fraud Conviction › 33-23-8-4. Conviction Notice; Insurance Fraud or an Offense That Relates to Insurance

Sec. 4. If a practitioner:
(1) violates IC 35-43-5-4.7 (insurance fraud); or
(2) is convicted under IC 35-43-5-4 of an offense that relates to insurance (including an attempt or a conspiracy);
the sentencing court shall provide notice of the conviction to each governmental body that has issued a license to the practitioner.
[Pre-2004 Recodification Citation: 33-1-16-4.]
As added by P.L.98-2004, SEC.2. Amended by P.L.181-2005, SEC.3; P.L.142-2020, SEC.52; P.L.174-2021, SEC.27.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 9. Protection of Indiana National Guard Members on Active Duty › 33-23-9-1. Guarantors of Indiana National Guard Members

Sec. 1. (a) An Indiana state court may grant the rights, benefits, and protections described in Section 513 of the federal Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., to a person primarily or secondarily liable on an obligation or a liability of an Indiana national guard member to whom IC 10-16-7-23 applies.
(b) All rights, benefits, and protections granted to a person under subsection (a) are in addition to the rights, benefits, and protections granted the person under the federal Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq.
[Pre-2004 Recodification Citation: 33-1-18-1.]
As added by P.L.98-2004, SEC.2. Amended by P.L.156-2015, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 10. Repealed

[Pre-2004 Recodification Citations:
33-23-10-1formerly 33-1-15-133-23-10-2formerly 33-1-15-233-23-10-3formerly 33-1-15-333-23-10-4formerly 33-1-15-433-23-10-5formerly 33-1-15-533-23-10-6formerly 33-1-15-633-23-10-7formerly 33-1-15-733-23-10-8formerly 33-1-15-8.]
Repealed by P.L.53-2014, SEC.145.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-1. "Cause"

Sec. 1. As used in this chapter, "cause" means a trial, a hearing, an arraignment, a controversy, an appeal, a case, or any business performed within the official duty of a justice, judge, or prosecuting attorney.
[Pre-2004 Recodification Citation: 33-2.1-8-1.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-2. "Close Relative"

Sec. 2. As used in this chapter, "close relative" means a person:
(1) related to another person filing a statement of economic interest; or
(2) related to the other person's spouse;
as a son, a daughter, a grandson, a granddaughter, a great-grandson, a great-granddaughter, a father, a mother, a grandfather, a grandmother, a great-grandfather, a great-grandmother, a brother, a sister, a nephew, a niece, an uncle, or an aunt. For purposes of this section, relatives by adoption, half-blood, marriage, or remarriage are treated as relatives of whole kinship.
[Pre-2004 Recodification Citation: 33-2.1-8-1.]
As added by P.L.98-2004, SEC.2. Amended by P.L.245-2017, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-3. "Compensation"

Sec. 3. As used in this chapter, "compensation" means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or for services to be rendered, whether by that person or another.
[Pre-2004 Recodification Citation: 33-2.1-8-1.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-4. "Economic Interest"

Sec. 4. As used in this chapter, "economic interest" means substantial financial interest in investments, employment, awarding of contracts, purchases, leases, sales, or similar matters.
[Pre-2004 Recodification Citation: 33-2.1-8-1.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-5. "Employer"

Sec. 5. As used in this chapter, "employer" means any person from whom the judge, justice, or prosecuting attorney or the spouse of the judge, justice, or prosecuting attorney receives any nonstate income.
[Pre-2004 Recodification Citation: 33-2.1-8-1.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-6. "Information of a Confidential Nature"

Sec. 6. As used in this chapter, "information of a confidential nature" means information that:
(1) is obtained by reason of the position or office held; and
(2) has not been or will not be communicated to the general public.
[Pre-2004 Recodification Citation: 33-2.1-8-1.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-7. "Judge"

Sec. 7. (a) As used in this chapter, "judge" means a judge of the court of appeals, the tax court, or a circuit, superior, county, small claims, or probate court, city court, or town court.
(b) The term includes a judge pro tempore, commissioner, or hearing officer if the judge pro tempore, commissioner, or hearing officer sits more than twenty (20) days other than Saturdays, Sundays, or holidays in one (1) calendar year as a judge, commissioner, or hearing officer in any court.
[Pre-2004 Recodification Citation: 33-2.1-8-1.]
As added by P.L.98-2004, SEC.2. Amended by P.L.227-2023, SEC.138.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-8. "Person"

Sec. 8. As used in this chapter, "person" means any individual, proprietorship, partnership, unincorporated association, trust, business trust, group, limited liability company, or corporation, whether or not operated for profit, or a governmental agency or political subdivision.
[Pre-2004 Recodification Citation: 33-2.1-8-1.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-9. Participation in Cause; Economic Interest

Sec. 9. A justice, judge, or prosecuting attorney may not participate in a cause that involves a matter in which the justice, judge, or prosecuting attorney or a member of the family of the justice, judge, or prosecuting attorney has an economic interest.
[Pre-2004 Recodification Citation: 33-2.1-8-2.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-10. Influence Upon Actions Involving Legislator

Sec. 10. The actions of a justice, judge, or prosecuting attorney in a cause that involves a legislator or a member of a legislator's family may not be influenced by any matters previously considered or to be considered by the legislator in the general assembly.
[Pre-2004 Recodification Citation: 33-2.1-8-2.5.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-11. Disclosure of Economic Interest

Sec. 11. A justice, judge, or prosecuting attorney shall promptly and fully disclose any economic interest or other personal stake the justice, judge, or prosecuting attorney or a member of the family of the justice, judge, or prosecuting attorney may have in a cause in which the justice, judge, or prosecuting attorney is a participant.
[Pre-2004 Recodification Citation: 33-2.1-8-3.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-12. Compensation Resulting From Material Information

Sec. 12. A justice, judge, or prosecuting attorney may not accept any compensation from any employment, transaction, or investment that was entered into or made as a result of material information of a confidential nature.
[Pre-2004 Recodification Citation: 33-2.1-8-4.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-13. Excessive Compensation for Sale, Lease, or Service

Sec. 13. A justice, judge, or prosecuting attorney may not accept compensation for the sale or lease of any property or service that exceeds the amount that the justice, judge, or prosecuting attorney would charge in the ordinary course of business from any person or entity whom the justice, judge, or prosecuting attorney knows, or has reason to know, has an economic interest in the outcome of a current or future cause in which the justice, judge, or prosecuting attorney is or may be a participant.
[Pre-2004 Recodification Citation: 33-2.1-8-5.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-14. Annual Statement of Economic Interests

Sec. 14. (a) The following shall file with the commission on judicial qualifications an annual statement of economic interests:
(1) Justices, judges, and prosecuting attorneys.
(2) Except as provided in subsection (c), any candidate for one (1) of the offices listed in subdivision (1) who is not the holder of that office.
(b) Justices and judges who are candidates for retention in office are subject to IC 3-9.
(c) This section does not apply to a candidate for an appointment pro tempore to fill a vacancy in an office under IC 3-13.
[Pre-2004 Recodification Citation: 33-2.1-8-6.]
As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-15. Filing of Statement

Sec. 15. (a) The statement of economic interests must be filed with the commission on judicial qualifications:
(1) not later than February 1 if the individual is required to file the statement as an officeholder; or
(2) if a candidate for office, before the individual (or a political party officer acting on behalf of the individual) files:
(A) a declaration of candidacy, if required under IC 3-8-2 or IC 3-8-4-11;
(B) a certified petition of nomination with the Indiana election division under IC 3-8-6;
(C) a certificate of nomination under IC 3-8-7-8;
(D) a certificate of candidate selection under IC 3-13-1 or IC 3-13-2; or
(E) a declaration of intent to be a write-in candidate, if required under IC 3-8-2.
(b) In a county where judges are selected by a county commission on judicial qualifications, a candidate must file a statement with the county commission on judicial qualifications and with the commission on judicial qualifications.
[Pre-2004 Recodification Citation: 33-2.1-8-7.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-16. Contents of Statement of Economic Interests

Sec. 16. The statement of economic interests must set forth the following information for the preceding calendar year:
(1) The name and address of any person other than a spouse or close relative from whom the justice, judge, or prosecuting attorney received a gift or gifts having a total fair market value of more than one hundred dollars ($100).
(2) The name of the employer of the justice, judge, or prosecuting attorney and the employer of the spouse of the justice, judge, or prosecuting attorney.
(3) The nature of the employer's business.
(4) The name of any sole proprietorship owned or professional practice operated by the justice, judge, or prosecuting attorney, or the spouse of the justice, judge, or prosecuting attorney, and the nature of the business.
(5) The name of any partnership of which the justice, judge, or prosecuting attorney, or the spouse of the justice, judge, or prosecuting attorney, is a member and the nature of the partnership's business.
(6) The name of any corporation (except a church) of which the justice, judge, or prosecuting attorney, or the spouse of the justice, judge, or prosecuting attorney, is an officer or a director and the nature of the corporation's business.
(7) The name of any corporation in which the justice, judge, or prosecuting attorney, or the spouse or unemancipated children less than eighteen (18) years of age of the justice, judge, or prosecuting attorney, owns stock or stock options having a fair market value of more than ten thousand dollars ($10,000).
[Pre-2004 Recodification Citation: 33-2.1-8-8.]
As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.6.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 11. Ethics › 33-23-11-17. Supreme Court or Court of Appeals; Prohibited Activities of Judges

Sec. 17. A justice of the supreme court or judge of the court of appeals may not:
(1) engage in the practice of law;
(2) run for elected office other than a judicial office;
(3) directly or indirectly make any contribution to, or hold any office in, a political party or organization; or
(4) take part in any political campaign;
as provided in Article 7, Section 11 of the Constitution of the State of Indiana.
[Pre-2004 Recodification Citation: 33-2.1-8-10.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 12. Political Activity of Court Employees › 33-23-12-1. Legislative Findings

Sec. 1. The general assembly finds that:
(1) the right of every citizen to freely participate in political activity is inherent in the guarantee of free speech contained in Article 1, Section 9 of the Constitution of the State of Indiana and in Amendment I to the Constitution of the United States;
(2) the right to freely participate in political activity is guaranteed to state employees under IC 4-15-10-2;
(3) the judiciary is not less subject to constitutional strictures against governmental interference with the free exercise of speech than are the executive and legislative branches of government; and
(4) employees in the judicial branch of state government have the same rights guaranteed to all Indiana citizens.
[Pre-2004 Recodification Citation: 33-1-17-1.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 12. Political Activity of Court Employees › 33-23-12-2. "Court Employee"

Sec. 2. (a) As used in this chapter, "court employee" means a person employed by any of the following:
(1) The supreme court.
(2) The court of appeals.
(3) The tax court.
(4) A circuit court.
(5) A superior court.
(6) A juvenile court.
(7) A probate court.
(8) A municipal court.
(9) A city or town court.
(10) A small claims court.
(b) The term does not include a judge of any of the courts listed in subsection (a)(1) through (a)(10).
[Pre-2004 Recodification Citation: 33-1-17-2.]
As added by P.L.98-2004, SEC.2. Amended by P.L.201-2011, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 12. Political Activity of Court Employees › 33-23-12-3. Right to Participate in or Abstain From Political Activity

Sec. 3. Except when on duty or acting in an official capacity and except where otherwise provided by state or federal law, a court employee may not be:
(1) discouraged from engaging in political activity; or
(2) denied the right to choose to refrain from engaging in political activity.
[Pre-2004 Recodification Citation: 33-1-17-3.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 13. Defense of Judges and Prosecuting Attorneys › 33-23-13-1. "Judge" Defined

Sec. 1. As used in this chapter, "judge" has the meaning set forth in IC 33-38-12-3.
[Pre-2004 Recodification Citation: 33-2.1-9-1.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 13. Defense of Judges and Prosecuting Attorneys › 33-23-13-2. "Prosecuting Attorney" Defined

Sec. 2. As used in this chapter, "prosecuting attorney" includes a senior prosecuting attorney appointed under IC 33-39-1.
[Pre-2004 Recodification Citation: 33-2.1-9-1.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 13. Defense of Judges and Prosecuting Attorneys › 33-23-13-3. Defense by Attorney General or Private Counsel

Sec. 3. If a judge or prosecuting attorney is sued for civil damages or equitable relief and the suit would be construed, under notice pleading, as arising out of an act performed within the scope of the duties of the judge or prosecuting attorney, the attorney general shall:
(1) defend the judge or prosecuting attorney in the suit; or
(2) authorize the chief administrative officer of the office of judicial administration to hire private counsel to provide the defense.
[Pre-2004 Recodification Citation: 33-2.1-9-1.]
As added by P.L.98-2004, SEC.2. Amended by P.L.161-2018, SEC.48.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 13. Defense of Judges and Prosecuting Attorneys › 33-23-13-4. Criminal or Disciplinary Proceedings

Sec. 4. This chapter does not permit the appointment of counsel for the defense of a judge or prosecuting attorney in criminal or disciplinary proceedings.
[Pre-2004 Recodification Citation: 33-2.1-9-2.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 13. Defense of Judges and Prosecuting Attorneys › 33-23-13-5. Right to Select Defense Counsel; Responsibility for Civil Damages

Sec. 5. This chapter does not:
(1) deprive a judge or prosecuting attorney of the judge's or prosecuting attorney's right to select defense counsel of the judge's or prosecuting attorney's own choice at the judge's or prosecuting attorney's own expense; or
(2) relieve a prosecuting attorney from responsibility for civil damages.
[Pre-2004 Recodification Citation: 33-2.1-9-3.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 13. Defense of Judges and Prosecuting Attorneys › 33-23-13-6. Attorney General Employment of Legal and Other Professional Services

Sec. 6. The attorney general may employ legal and other professional services necessary to adequately and fully perform the duties required by this chapter.
[Pre-2004 Recodification Citation: 33-2.1-9-4.]
As added by P.L.98-2004, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 15. Nics Appeals › 33-23-15-1. Application of Chapter

Sec. 1. This chapter applies to the following:
(1) A person civilly committed under IC 12-26-6-8.
(2) A person found to be mentally ill and either dangerous or gravely disabled under IC 12-26-7-5.
(3) A person found guilty but mentally ill under IC 35-36-2-5.
(4) A person found not responsible by reason of insanity under IC 35-36-2-4.
(5) A person found incompetent to stand trial under IC 35-36-3-1.
(6) A confined offender who is determined to be mentally ill and has been involuntarily transferred to and accepted by the division of mental health and addiction under IC 11-10-4-3.
As added by P.L.110-2009, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 15. Nics Appeals › 33-23-15-2. Petition for Review; Evidence; Findings by Court or Department of Correction

Sec. 2. (a) If a person described in section 1 of this chapter:
(1) has been released from commitment; or
(2) successfully completes a treatment or rehabilitation program;
the person may petition the court (if the adjudication leading to the person's commitment, rehabilitation, or treatment program was from a court) or the department of correction (if the determination leading to the person's rehabilitation or treatment program was from a psychiatrist employed by or retained by the department of correction) to determine whether the person is prohibited from possessing a firearm because the person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13).
(b) In determining whether the person is prohibited from possessing a firearm because the person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13), the court or department of correction shall consider the following evidence:
(1) The facts and circumstances leading to the person being included in the category of persons to whom this chapter applies.
(2) The person's mental health and criminal history records.
(3) Evidence concerning the person's reputation, including the testimony of character witnesses.
(4) A recent mental health evaluation by a psychiatrist or psychologist licensed to practice in Indiana.
(c) If the court or the department of correction, after considering the evidence described in subsection (b), finds by clear and convincing evidence that:
(1) the person is not a danger to the person or to others;
(2) the person is not likely to act in a manner dangerous to public safety; and
(3) the requested relief would not be contrary to public interest;
the court or department of correction shall transmit its findings to the office of judicial administration, and any other information required by the office of judicial administration, for transmission to the NICS in accordance with IC 33-24-6-3.
(d) A determination under this section may be appealed only in accordance with section 3 of this chapter.
As added by P.L.110-2009, SEC.11. Amended by P.L.127-2011, SEC.2; P.L.161-2018, SEC.49.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 15. Nics Appeals › 33-23-15-3. Judicial Review of Decision

Sec. 3. (a) A person who receives an adverse decision under section 2 of this chapter may seek review of the decision by filing, not later than thirty (30) days after receiving the adverse decision, an action for review:
(1) in the court of conviction, if the adverse decision was made by the department of correction; or
(2) in a circuit or superior court in a county adjacent to the county in which the court rendered the adverse decision, if the adverse decision was made by a court.
(b) The court hearing an action for review filed under this section shall conduct the review hearing de novo. The hearing shall be conducted in accordance with section 2 of this chapter.
(c) The determination of a court under this section is a final appealable order.
As added by P.L.110-2009, SEC.11. Amended by P.L.1-2010, SEC.131.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-2. "Chemical Test"

Sec. 2. As used in this chapter, "chemical test" means an analysis of an individual's:
(1) blood;
(2) breath;
(3) hair;
(4) sweat;
(5) saliva;
(6) urine; or
(7) other bodily substance;
to determine the presence of alcohol, a drug, or a controlled substance (as defined in IC 35-48-1-9).
As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011, SEC.3.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-3. "Community Court"

Sec. 3. As used in this chapter, "community court" means a problem solving court focused on addressing specific neighborhood or local criminal problems by:
(1) bringing together criminal justice professionals, local social programs, and intensive judicial monitoring; and
(2) linking eligible defendants or juveniles to individually tailored programs or services.
As added by P.L.108-2010, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-4. "Domestic Violence Court"

Sec. 4. As used in this chapter, "domestic violence court" means a problem solving court focused on the safety of the victim and the defendant's accountability by:
(1) bringing together criminal justice professionals, local social programs, and intensive judicial monitoring;
(2) linking victims to programs and services; and
(3) linking eligible defendants and juveniles to programs and services.
As added by P.L.108-2010, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-5. "Drug Court"

Sec. 5. (a) As used in this chapter, "drug court" means a problem solving court focused on addressing the substance abuse issues of defendants or juveniles in the criminal justice system by:
(1) bringing together substance abuse rehabilitation professionals, local social programs, and intensive judicial monitoring; and
(2) linking eligible defendants or juveniles to individually tailored programs or services.
(b) The term does not include an alcohol abuse deterrent program established under IC 9-30-9.
As added by P.L.108-2010, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-6. "Family Dependency Drug Court"

Sec. 6. As used in this chapter, "family dependency drug court" means a problem solving court focused on supporting families that include a child who has been adjudicated a child in need of services and a parent, guardian, or other household member who has substance abuse problems by:
(1) bringing together substance abuse rehabilitation professionals, local social programs, and intensive judicial monitoring; and
(2) linking eligible parents, guardians, other household members, and juveniles to individually tailored programs or services.
As added by P.L.108-2010, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-7. "Mental Health Court"

Sec. 7. As used in this chapter, "mental health court" means a problem solving court focused on addressing the mental health needs of individuals in the court system by:
(1) bringing together mental health professionals, local social programs, and intensive judicial monitoring; and
(2) linking eligible individuals to individually tailored programs or services.
As added by P.L.108-2010, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-8. "Problem Solving Court"

Sec. 8. As used in this chapter, "problem solving court" means a court providing a process for immediate and highly structured judicial intervention for eligible individuals that incorporates the following problem solving concepts:
(1) Enhanced information to improve decision making.
(2) Engaging the community to assist with problem solving.
(3) Collaboration with social service providers and other stakeholders.
(4) Linking participants with community services based on risk and needs.
(5) Participant accountability.
(6) Evaluating the effectiveness of operations continuously.
As added by P.L.108-2010, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-9. "Reentry Court"

Sec. 9. As used in this chapter, "reentry court" means a problem solving court that is focused on the needs of individuals who reenter the community after a period of incarceration and that may provide a range of necessary reintegration services for eligible individuals, including the following:
(1) Supervision.
(2) Offender assessment.
(3) Judicial involvement.
(4) Case management and services.
(5) Program evaluation.
(6) Counseling.
(7) Rehabilitative care.
As added by P.L.108-2010, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-9.1. "Rehabilitative Service"

Sec. 9.1. As used in this chapter, "rehabilitative service" means a class, program, or service provided:
(1) to an individual participating in a problem solving court program; and
(2) by:
(A) the problem solving court; or
(B) another entity to which the individual has been referred by the problem solving court;
to address the rehabilitative needs of the individual, including classes, programs, or services concerning education, criminal thinking and behavior, employment, and parenting and family support.
As added by P.L.95-2013, SEC.1.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-10. "Veterans' Court"

Sec. 10. As used in this chapter, "veterans' court" means a problem solving court focused on addressing the needs of veterans in the court system by:
(1) bringing together substance abuse rehabilitation professionals, mental health professionals, local social programs, and intensive judicial monitoring; and
(2) linking eligible veterans to individually tailored programs or services.
As added by P.L.108-2010, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-11. Establishment of a Problem Solving Court

Sec. 11. A city court or county court may establish a problem solving court. A problem solving court established under this section may be:
(1) a drug court;
(2) a mental health court;
(3) a family dependency drug court;
(4) a community court;
(5) a reentry court;
(6) a domestic violence court;
(7) a veterans' court; or
(8) any other court certified as a problem solving court by the office of judicial administration under section 17 of this chapter.
As added by P.L.108-2010, SEC.4. Amended by P.L.161-2018, SEC.50; P.L.9-2022, SEC.72.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-12. Jurisdiction and Eligibility Requirements for Problem Solving Courts

Sec. 12. (a) A problem solving court and accompanying services of the problem solving court are available only to individuals over whom the court that established the problem solving court has jurisdiction.
(b) A problem solving court with criminal jurisdiction that does not have felony jurisdiction may assume jurisdiction over an individual convicted of a felony from another court within the county if the problem solving court returns the case to the referring court for additional proceedings when:
(1) the individual has successfully completed the problem solving court's program; or
(2) the individual's participation in the problem solving court program is terminated by the problem solving court.
(c) In accordance with the rules adopted by the board, a problem solving court that is a veteran's court may assume jurisdiction over a veteran who:
(1) meets all the eligibility requirements in section 13 of this chapter; and
(2) is referred to the problem solving court by a court in another jurisdiction.
(d) The board shall adopt rules prescribing minimum eligibility criteria for an individual to participate in a problem solving court program.
As added by P.L.108-2010, SEC.4. Amended by P.L.213-2015, SEC.255.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-13. Individual Eligibility Requirements

Sec. 13. An individual is eligible to participate in a problem solving court program only if:
(1) the individual meets all of the eligibility criteria established by the board under section 12 of this chapter;
(2) the judge of the problem solving court approves the admission of the individual to the problem solving court program; and
(3) the individual is referred to the problem solving court as a result of at least one (1) of the following:
(A) A condition of a pretrial diversion program authorized by statute or authorized by the judge of the problem solving court and the prosecuting attorney.
(B) The procedure described in section 14 of this chapter.
(C) The procedure described in section 15 of this chapter.
(D) A condition of probation.
(E) A condition of participation in a community corrections program under IC 11-12-1.
(F) A condition of participation in a forensic diversion program under IC 11-12-3.7.
(G) A condition of a community transition program under IC 11-10-11.5.
(H) A condition of parole.
(I) An order in a dispositional decree under IC 31-34-20 to participate in a family dependency drug court if the individual is a parent, guardian, or another household member of a child adjudicated a child in need of services.
(J) A condition of an informal adjustment program under IC 31-37-9.
(K) Involvement in:
(i) a child support proceeding;
(ii) a mental health commitment; or
(iii) a civil protection proceeding.
(L) A condition of an informal adjustment program under IC 31-34-8.
(M) A condition of a misdemeanor sentence.
(N) A condition of a program authorized by the:
(i) judge of a problem solving court; and
(ii) department of correction or the county sheriff.
As added by P.L.108-2010, SEC.4. Amended by P.L.136-2012, SEC.7; P.L.95-2013, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-14. Deferred Prosecution

Sec. 14. (a) A court, without entering a judgment of conviction, may defer proceedings against an individual and place the individual in a problem solving court program under this section only if:
(1) the individual meets the conditions for eligibility set forth in section 13(1) and 13(2) of this chapter;
(2) the individual pleads guilty and consents to the referral; and
(3) the judge of the problem solving court, the prosecuting attorney, and the individual all agree upon certain conditions for the individual's participation in the problem solving court program and on the duration of those conditions.
(b) When an individual's participation in a problem solving court program under this section has been terminated as provided under section 14.5 of this chapter, the problem solving court shall:
(1) enter a judgment of conviction against the individual;
(2) refer the individual's case back to the court that referred the case to the problem solving court to allow the referring court to enter a judgment of conviction against the individual; or
(3) otherwise dispose of the case.
(c) If an individual fulfills the conditions established by a problem solving court under subsection (a), the problem solving court shall:
(1) dismiss the charges against the individual;
(2) refer the individual's case back to the court that referred the case to the problem solving court to allow the referring court to dismiss the charges against the individual; or
(3) otherwise dispose of the case.
As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-14.5. Termination of Participation

Sec. 14.5. (a) A problem solving court may terminate an individual's participation in a problem solving court program if the individual has violated at least one (1) of the conditions of the individual's:
(1) participation agreement; or
(2) case management plan.
(b) If it is alleged that an individual has violated at least one (1) condition of a problem solving court program, the problem solving court may:
(1) remand the individual into custody;
(2) order a summons to be issued to the individual to appear; or
(3) order a warrant for the individual's arrest if there is a risk that the individual may:
(A) flee the jurisdiction; or
(B) cause harm to the individual or another individual.
(c) The problem solving court judge or other hearing officer shall conduct a hearing concerning an alleged violation of a condition of a problem solving court program as follows:
(1) The state must prove the violation by a preponderance of the evidence.
(2) The evidence must be presented in open court.
(3) The individual who is alleged to have committed the violation is entitled to:
(A) receive written notice of the alleged violation;
(B) obtain the disclosure of evidence against the individual;
(C) confront and cross-examine witnesses; and
(D) be represented by counsel.
(d) An individual participating in a problem solving court program may not be terminated from the problem solving court program for failure to pay a:
(1) problem solving court program service fee; or
(2) chemical testing fee;
assessed against the individual by the problem solving court unless the individual recklessly fails or willfully refuses to pay the assessed fee.
(e) Except as provided in sections 14 and 15 of this chapter, if the problem solving court judge or hearing officer finds that an individual participating in a problem solving court program has violated a condition of the program, the problem solving court judge or hearing officer may:
(1) continue the individual's participation in the problem solving court program with or without modifying or expanding the individual's conditions for participating in the problem solving court program; or
(2) terminate the individual's participation in the problem solving court program.
As added by P.L.187-2011, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-15. Individuals With Nonsuspendible Sentences

Sec. 15. (a) A problem solving court may place an individual in a problem solving court program under this section if the individual is convicted of an offense that is nonsuspendible and the individual meets the conditions for eligibility set forth in section 13(1) and 13(2) of this chapter.
(b) If the requirements of subsection (a) are met, the court may:
(1) order the execution of the individual's nonsuspendible sentence and stay execution of all or part of the nonsuspendible part of the individual's sentence pending the individual's successful completion of a problem solving court program; and
(2) suspend all or part of the suspendible part of the individual's nonsuspendible sentence, place the individual on probation for the suspended part of the sentence, and require as a condition of probation that the person successfully complete a problem solving court program.
(c) If an individual has been terminated from a problem solving court program under this section as provided in section 14.5 of this chapter, the court may:
(1) if the person is serving the nonsuspendible part of the person's sentence:
(A) lift the stay of execution of the nonsuspendible part of the individual's sentence and order the individual to serve all or a part of the nonsuspendible sentence; or
(B) otherwise dispose of the case; or
(2) if the individual is serving the suspendible part of the individual's sentence:
(A) order all or a part of the individual's suspendible sentence to be executed; or
(B) otherwise dispose of the case.
(d) If an individual successfully completes a problem solving court program under this section, the court may:
(1) waive execution of the nonsuspendible part of the individual's sentence; or
(2) otherwise dispose of the case.
As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011, SEC.6; P.L.136-2012, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-16. Certification of Problem Solving Courts; Personnel Certification

Sec. 16. (a) As used in this section, "effective date" means the date established by the board after which minimum employment qualifications are required for persons employed by a problem solving court program.
(b) A program established under this chapter is subject to the regulatory powers of the office of judicial administration established by IC 33-24-6-1.
(c) The board:
(1) shall adopt rules establishing requirements and procedures for:
(A) initial certification;
(B) recertification; and
(C) decertification;
of problem solving courts; and
(2) may adopt rules concerning educational and occupational qualifications for problem solving court employees.
(d) If the board adopts qualifications for the employees of problem solving courts under subsection (c)(2):
(1) the board shall establish an effective date after which a person employed by a problem solving court must meet the qualifications; and
(2) the qualifications do not apply to a person who is employed:
(A) by a certified problem solving court before the effective date; or
(B) as administrative personnel.
As added by P.L.108-2010, SEC.4. Amended by P.L.161-2018, SEC.51.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-17. Duties of the Office of Judicial Administration

Sec. 17. The office of judicial administration shall:
(1) ensure that problem solving courts comply with the rules adopted under this chapter and applicable federal regulations;
(2) certify problem solving courts according to the requirements and procedures established under section 16(c)(1) of this chapter; and
(3) require, as a condition of operation, that each problem solving court created or funded under this chapter be certified according to the rules adopted by the board.
As added by P.L.108-2010, SEC.4. Amended by P.L.161-2018, SEC.52.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-18. Authority of the Office of Judicial Administration to Revoke the Certification of a Problem Solving Court; Implementation Authority

Sec. 18. The office of judicial administration may:
(1) revoke the certification of a problem solving court if the office of judicial administration determines that the problem solving court does not comply with rules adopted under this chapter and applicable federal regulations; and
(2) enter into agreements or contracts with:
(A) another department, authority, or agency of the state;
(B) another state;
(C) the federal government;
(D) a state educational institution or private postsecondary educational institution; or
(E) a public or private agency;
to implement this chapter.
As added by P.L.108-2010, SEC.4. Amended by P.L.161-2018, SEC.53.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-19. Petition to Establish a Problem Solving Court

Sec. 19. (a) A court shall notify the office of judicial administration of the court's intention to establish a problem solving court during the planning for the establishment of the problem solving court.
(b) A court seeking to establish a problem solving court must submit a petition for approval to the office of judicial administration in accordance with rules adopted by the board.
(c) A problem solving court may not:
(1) assess fees; or
(2) collect fees;
until the problem solving court is certified by the office of judicial administration.
As added by P.L.108-2010, SEC.4. Amended by P.L.161-2018, SEC.54.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-20. Services Provided by a Problem Solving Court

Sec. 20. (a) A problem solving court may provide the following services to individuals participating in problem solving court programs:
(1) Screening for eligibility and other appropriate services.
(2) Assessment.
(3) Education.
(4) Referral.
(5) Service coordination and case management.
(6) Supervision.
(7) Judicial involvement.
(8) Program evaluation.
(9) Rehabilitative services.
(b) A problem solving court may not provide direct treatment services unless:
(1) the problem solving court is certified by the division of mental health and addiction under IC 12-23-1-6;
(2) the problem solving court uses licensed medical professionals who provide mental health treatment to individuals with psychiatric disorders; and
(3) the court that establishes the problem solving court determines that existing community resources are inadequate to respond satisfactorily to the demand for services from the court.
As added by P.L.108-2010, SEC.4. Amended by P.L.95-2013, SEC.3.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 23. General Provisions › Chapter 16. Problem Solving Courts › 33-23-16-21. Powers of a Problem Solving Court

Sec. 21. A court may take steps necessary to carry out the functions of the problem solving court, including the following:
(1) Hiring employees as needed to perform the required functions of the problem solving court.
(2) Establishing policies and procedures for the problem solving court.
(3) Adopting local court rules as necessary for the problem solving court.
As added by P.L.108-2010, SEC.4.