Ind. Code ch. 33-23-18

in effect

Ind. Code § 33-23-18-1 Definitions

Sec. 1. The following definitions apply throughout this chapter: (1) "Assessor" means a physician licensed under IC 25-22.5 or a psychologist licensed under IC 25-33, if the physician or psychologist is registered with the division to conduct an assessment under this chapter. (2) "Council" means a local or regional justice reinvestment advisory council established by IC 33-38-9.5-4. (3) "Crime of violence" has the meaning set forth in IC 35-31.5-2-79. (4) "Division" means the division of mental health and addiction. (5) "Qualified adult" means an adult whom a referral program is designed to assist. (6) "Referral program" means a program established under section 2 of this chapter designed to provide an adult an opportunity to receive voluntary community treatment addressing mental health, and other services as a condition of pretrial release. The term includes a regional referral program. As added by P.L.205-2023, SEC.27. Amended by P.L.85-2026, SEC.16.

Ind. Code § 33-23-18-2 Establishment of a referral program

Sec. 2. (a) A council may establish a referral program in the county served by the council. (b) A referral program established under this section must comply with: (1) this chapter; and (2) rules adopted by the division concerning: (A) educational and occupational requirements for treatment providers; and (B) the operation of the program. (c) Subject to subsection (b), the council shall direct the operation of the referral program in the county or region served by the referral program. (d) The council shall employ, contract with, or appoint one (1) or more treatment providers. As added by P.L.205-2023, SEC.27.

Ind. Code § 33-23-18-3 Petition for evaluation

Sec. 3. If a sheriff, prosecutor, or criminal defense attorney having contact with an adult who has been: (1) detained; and (2) charged with an offense; has reason to believe that the adult may be a qualified adult, the sheriff, prosecutor, or defense attorney may file a written petition with the appropriate court and request that the court select an assessor to evaluate the adult to determine if the adult is a qualified adult. As added by P.L.205-2023, SEC.27.

Ind. Code § 33-23-18-4 Duties of an assessor

Sec. 4. (a) An assessor selected to evaluate an adult who may be a qualified adult shall: (1) conduct an appropriate psychological evaluation of the adult; (2) recommend whether the adult would likely benefit from participation in the referral program; and (3) explain, in detail, the reason for the recommendation. The evaluation, recommendation, and explanation shall be submitted to the court in writing, with the recommendation being submitted on a sheet separate from the evaluation and explanation. (b) The evaluation and explanation are confidential. The recommendation is a public record unless ordered sealed by the court. (c) The state may pay the costs of the assessment under subsection (a). As added by P.L.205-2023, SEC.27.

Ind. Code § 33-23-18-5 Hearing to determine referral to a treatment provider

Sec. 5. (a) After reviewing the evaluation, recommendation, and explanation, and after determining that the person has not been charged with or convicted of a crime of violence, the court may set a hearing under IC 35-33-8-3.2 to determine whether the court should, as a condition of pretrial release, refer the adult to a treatment provider for appropriate: (1) mental health or other treatment; and (2) ancillary services. (b) After reviewing the evaluation, recommendation, and explanation, and after determining that the adult has been charged with or convicted of a crime of violence but is eligible to receive mental health treatment, the court may refer the adult to a treatment provider for appropriate: (1) mental health or other treatment; and (2) ancillary services; in a secure facility operated by the department of correction or operated or licensed by the division. (c) A court may only refer a person who has been charged with or convicted of a crime of violence for treatment in a secure facility operated by the department of correction or operated or licensed by the division. (d) In addition to or instead of referring an adult to a treatment provider under subsection (a) or (b), a court may order the adult transported for an immediate medical and psychological examination. (e) A treatment provider shall provide the court with one (1) or more written reports concerning the progress of the referred adult: (1) at least once every calendar month; or (2) at an interval determined by the court. (f) If criminal charges are pending against the qualified adult, the court may allow the person to participate in the referral program in accordance with section 6 or 7 of this chapter. As added by P.L.205-2023, SEC.27.

Ind. Code § 33-23-18-6 Qualifications to participate in the referral program

Sec. 6. (a) A person against whom criminal charges are pending is eligible to participate in the referral program only if the court finds, following a hearing, that the person meets the following criteria: (1) The person is a qualified adult who has been referred to a treatment provider under section 5 of this chapter. (2) The court has determined that the person is an appropriate candidate to participate in the referral program. (b) Participation in the referral program does not divert, delay, or otherwise affect the criminal prosecution against the person. As added by P.L.205-2023, SEC.27.

Ind. Code § 33-23-18-7 Rules

Sec. 7. (a) The division shall adopt rules establishing requirements and procedures to implement this chapter, including rules concerning educational and occupational qualifications for treatment providers. (b) Rules adopted under this section must require that the treatment provider be a provider certified by the division and licensed by the Indiana professional licensing agency to provide mental health services. As added by P.L.205-2023, SEC.27.

Ind. Code § 33-23-18-8 Compliance; suspension or termination of noncompliant program

Sec. 8. The division shall ensure that referral programs comply with this chapter, rules adopted under this chapter, and any applicable federal regulations. The division may suspend or terminate a referral program if the division determines that the program is not compliant. As added by P.L.205-2023, SEC.27.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026