Introduced Version
HOUSE BILL No. 1049
_____
DIGEST OF INTRODUCED BILL
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.
Koch
January 4, 2012, read first time and referred to Committee on Judiciary.
Introduced
Second Regular Session 117th General Assembly (2012)
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HOUSE BILL No. 1049
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-23-14-16; (12)IN1049.1.1. -->
SECTION 1. IC 12-23-14-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: 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) A fee collected under this chapter shall be deposited in the city
or county user fee fund.
SOURCE: IC 33-23-16-13; (12)IN1049.1.2. -->
SECTION 2. IC 33-23-16-13, AS ADDED BY P.L.108-2010,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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.
SOURCE: IC 33-23-16-15; (12)IN1049.1.3. -->
SECTION 3. IC 33-23-16-15, AS AMENDED BY P.L.187-2011,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 15. (a) A problem solving court may place an
individual in a problem solving court program under this section
only
if
(1) 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.
and
(2) the individual agrees to the conditions of participation in the
problem solving court program.
(b) If the requirements of subsection (a) are met,
in the case of an
individual, 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 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.
SOURCE: IC 33-23-16-23; (12)IN1049.1.4. -->
SECTION 4. IC 33-23-16-23, AS ADDED BY P.L.108-2010,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 23. (a) The board shall adopt rules establishing a
range of fees that may be assessed to an eligible individual to receive
problem solving court services under this chapter.
(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.
SOURCE: IC 33-23-16-23.5; (12)IN1049.1.5. -->
SECTION 5. IC 33-23-16-23.5, AS ADDED BY P.L.187-2011,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 23.5. (a) A parent or guardian of a child:
(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.