Ind. Code ch. 12-23-19

in effect

Ind. Code § 12-23-19-1 "Mental health and addiction forensic treatment services"

Sec. 1. (a) As used in this chapter, "mental health and addiction forensic treatment services" means evidence based treatment and recovery wraparound support services that may be provided to individuals in the criminal justice system who are charged with a felony offense, or have a prior felony conviction, and have been placed or are eligible to be placed in a pretrial services program, community corrections program, prosecuting attorney's diversion program, or jail as an alternative to commitment to the department of correction. The term includes the following: (1) Mental health and substance abuse treatment, including: (A) addiction counseling; (B) inpatient detoxification; (C) case management; (D) daily living skills; and (E) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence. (2) Vocational services. (3) Housing assistance. (4) Community support services. (5) Care coordination. (6) Transportation assistance. (7) Mental health and substance abuse assessments. (8) Competency restoration services. (b) The term applies to services provided under a pilot program under section 2 of this chapter to individuals who are charged with a misdemeanor. As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16. Amended by P.L.69-2016, SEC.3; P.L.65-2018, SEC.4; P.L.57-2021, SEC.2.

Ind. Code § 12-23-19-2 Eligibility; use of grants and vouchers; determination on reimbursement

Sec. 2. (a) An individual is eligible for mental health and addiction forensic treatment services if: (1) subject to subsection (d), the individual: (A) is a member of a household with an annual income that does not exceed two hundred percent (200%) of the federal income poverty level; (B) is a resident of Indiana; (C) is: (i) at least eighteen (18) years of age; or (ii) subject to the approval of the Indiana commission to combat substance use disorder, less than eighteen (18) years of age and the individual is a defendant whose case is either waived from juvenile court to adult court or directly filed in adult court; and (D) has entered the criminal justice system as a felon or with a prior felony conviction or is ordered to be committed for competency restoration services as described in IC 35-36-3-1(f); and (2) subject to subsection (b), reimbursement for the service is not available to the individual through any of the following: (A) A policy of accident and sickness insurance (IC 27-8-5). (B) A health maintenance organization contract (IC 27-13). (C) The Medicaid program (IC 12-15), excluding the Medicaid rehabilitation program and the Behavioral and Primary Health Coordination Program under Section 1915(i) of the Social Security Act. (D) The federal Medicare program or any other federal assistance program. (b) If an individual is not entitled to reimbursement from the sources described in subsection (a)(2) of the full amount of the cost of the mental health and addiction forensic treatment services, grants and vouchers under this chapter may be used to provide those services to the extent that the costs of those services exceed the reimbursement the individual is entitled to receive from the sources described in subsection (a)(2), excluding any copayment or deductible that the individual is required to pay. (c) The division shall determine the extent to which an individual who is provided mental health and addiction forensic treatment services under this chapter is entitled to receive reimbursement from the sources described in subsection (a)(2). (d) Notwithstanding subsection (a)(1)(D), subject to available funding and on the recommendation of the justice reinvestment advisory council (established by IC 33-38-9.5-2), the division may operate a pilot program applying the eligibility criteria in this section to individuals who are charged with a misdemeanor. If the division operates a pilot program under this subsection, the division shall issue annual reports to the justice reinvestment advisory council. As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16. Amended by P.L.243-2017, SEC.4; P.L.65-2018, SEC.5; P.L.57-2021, SEC.3; P.L.114-2022, SEC.21; P.L.85-2024, SEC.2.

Ind. Code § 12-23-19-3 Administration or coordination of services by certified or licensed provider

Sec. 3. Except as provided in IC 12-23-19.5, mental health and addiction forensic treatment services may be administered or coordinated only by a provider certified by the division of mental health and addiction or licensed by the Indiana professional licensing agency to provide mental health and addiction treatment services. As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16. Amended by P.L.203-2017, SEC.3; P.L.195-2018, SEC.8.

Ind. Code § 12-23-19-4 Mental health and addiction forensic treatment services account

Sec. 4. (a) As used in this section, "account" refers to the mental health and addiction forensic treatment services account established by subsection (b). (b) The mental health and addiction forensic treatment services account is established for the purpose of providing grants and vouchers and for leveraging federal funds for the provision of mental health and addiction forensic treatment services. The account shall be administered by the division. The division may use money in the account only to fund grants and vouchers under this chapter that are provided to the following: (1) Community corrections programs. (2) Court administered programs. (3) Probation and diversion programs. (4) Community mental health centers. (5) Certified or licensed mental health or addiction providers. (6) Recovery community organizations certified by the division or its designee. (7) Recovery residences certified by the division or its designee. (c) The account consists of: (1) appropriations made by the general assembly; (2) grants; and (3) gifts and bequests. (d) The expenses of administering the account shall be paid from money in the account. (e) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the account. (f) Money deposited in the account may be used as the required state match under the Medicaid program. As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16. Amended by P.L.114-2018, SEC.8; P.L.57-2021, SEC.4; P.L.165-2021, SEC.144.

Ind. Code § 12-23-19-5 Subrogation concerning reimbursement

Sec. 5. In the case of an individual who is provided mental health and addiction forensic treatment services under this chapter, the division is subrogated to the rights of the individual under any policy, contract, or program described in section 2(a)(2) of this chapter with respect to reimbursement under the policy, contract, or program for mental health and addiction forensic treatment services, excluding services provided through the Medicaid rehabilitation program and the Behavioral and Primary Health Coordination Program under Section 1915(i) of the Social Security Act. As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16.

Ind. Code § 12-23-19-6 Education and training on involuntary commitment and medication assisted treatment

Sec. 6. (a) The division shall provide or cause to be provided education and training on the use of: (1) involuntary commitment; and (2) medication assisted treatment, including federal Food and Drug Administration approved long acting, nonaddictive medications for the treatment of opioid or alcohol dependence for individuals with an addictive disorder. (b) The division shall provide or cause to be provided education and training required in subsection (a) to the following: (1) Circuit and superior court judges. (2) Prosecuting attorneys and deputy prosecuting attorneys. (3) Public defenders. (4) Programs and providers identified in section 4(b) of this chapter. As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16.

Ind. Code § 12-23-19-7 Survey of individuals receiving services; report

Sec. 7. (a) The division shall survey individuals receiving mental health and addiction forensic treatment services under this chapter. The division shall survey and develop demographic research on such an individual one (1) year after the individual begins receiving the services. The survey must request information concerning: (1) the employment status of the individual since the individual began receiving the services; (2) whether the individual has been arrested, convicted of a crime, alleged to have violated probation, or placed in a community corrections program as an alternative to commitment to the department of correction since the individual began receiving the services; and (3) the racial and ethnic demographics of the individuals referred. (b) The division shall report to the justice reinvestment advisory council established by IC 33-38-9.5-2 any findings from the survey under subsection (a) concerning providing mental health and addiction forensic treatment services to individuals charged with a misdemeanor offense. As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16. Amended by P.L.243-2017, SEC.5; P.L.57-2021, SEC.5.

Ind. Code § 12-23-19-8 Coordination of employment and training services

Sec. 8. During the year after an individual begins receiving mental health and addiction forensic treatment services under this chapter, the division shall work jointly with the department of workforce development to coordinate employment and training services for the individual. As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16.

Ind. Code § 12-23-19-9 Appeals process

Sec. 9. (a) On or before January 1, 2021, the division of mental health and addiction shall develop a comprehensive appeals process under the mental health and addiction forensic treatment services program when a corrective action plan is required. (b) The appeals process described in subsection (a) must reserve the right to restrict ongoing treatment and referrals of new clients in cases of alleged abuse or neglect, filing false claims, providing false information, or waste. In all other cases, conscious effort should be made to ensure the maintained continuity of care of clients by allowing providers to continue to offer services while the corrective action plan is being completed. As added by P.L.127-2020, SEC.6.

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