Bill Text: IN HB1049 | 2012 | Regular Session | Introduced
Bill Title: Provides that the cap on the fees for program services provided to a person participating in a court established alcohol and drug services program does not apply to fees for education or treatment and rehabilitation services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [HB1049 Detail]
Download: Indiana-2012-HB1049-Introduced.html
Citations Affected: IC 12-23-14-16; IC 33-23-16.
Synopsis: Problem solving courts. Provides that the cap on the fees for
program services provided to a person participating in a court
established alcohol and drug services program does not apply to fees
for education or treatment and rehabilitation services. Provides that a
person may participate in a problem solving court program as a
condition of an informal adjustment program in a child in need of
services proceeding. Eliminates an individual's agreement to the
conditions of participation in the program if the case for which the
individual is referred to the problem solving court involves a
nonsuspendible sentence as a precondition to the placement of the
individual in a problem solving court program. Allows a problem
solving court to collect program fees.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
(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) A fee collected under this chapter shall be deposited in the city or county user fee fund.
(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.
(b) If the requirements of subsection (a) are met,
(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 problem solving 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 problem solving court may:
(1) waive execution of the nonsuspendible part of the individual's
sentence; or
(2) otherwise dispose of the case.
(b) A court that has established a problem solving court under this chapter may require eligible individuals to pay a fee for problem solving court services.
(c) If a fee is required under subsection (b), the court shall adopt by local court rule a schedule of fees, consistent with the rules adopted by the board under subsection (a), to be assessed for problem solving court services.
(d) The problem solving court or the clerk of the court shall collect fees under this section. If the problem solving court collects fees under this section, the problem solving court shall transfer all collected fees to the clerk of the court not later than fourteen (14)
days after the fees are collected. The clerk of the court shall transmit
transfer the fees 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.
(e) Fees collected under this section must be used only to fund
problem solving court services under this chapter.
(1) who is:
(A) adjudicated a delinquent child; or
(B) in a program of informal adjustment approved by a juvenile court under IC 31-37-9; and
(2) who is accepted into a problem solving court program;
is financially responsible for the problem solving court services fee and chemical testing expenses assessed against the child by the problem solving court under this chapter.
(b) A parent or guardian of a child described in subsection (a) shall, before a hearing under subsection (c) concerning payment of fees and expenses assessed against the child, provide financial information to the problem solving court as ordered by the problem solving court.
(c) The problem solving court shall hold a hearing and may order the parent or guardian to pay fees and expenses assessed against a child described in subsection (a) unless the problem solving court makes a specific finding that:
(1) the parent or guardian is unable to pay the fees or expenses; or
(2) justice would not be served by ordering the parent or guardian to pay the fees or expenses.
(d) If a parent or guardian is ordered to pay fees or expenses under this section, the parent or guardian shall pay the fees or expenses to the problem solving court or the clerk of the court. The problem solving court shall keep a record of all payments made under this section by each parent or guardian. When a child is discharged from a problem solving court program, the problem solving court shall determine the amount of any unpaid fees or expenses a parent or guardian owes under this section. The problem solving court may reduce the unpaid balance to a final judgment that may be enforced in any court that has appropriate jurisdiction.
