Ind. Code ch. 12-23-14

in effect

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026