Bill Text: IN SB0022 | 2011 | Regular Session | Introduced
Bill Title: Drug and alcohol abuse and commitments.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Judiciary [SB0022 Detail]
Download: Indiana-2011-SB0022-Introduced.html
Citations Affected: IC 5-2-1-9; IC 11-10; IC 12-21-5-4; IC 12-23;
IC 12-24-8-1; IC 33-23-16-12.5; IC 34-30-2.
Synopsis: Drug and alcohol abuse and commitments. Provides
procedures for the involuntary commitment of a person due to alcohol
or drug abuse. Requires the division of mental health and addiction to
maintain and operate or contract for alcohol and drug rehabilitation
facilities, including faith based facilities. Requires the law enforcement
academy to provide training regarding persons with alcohol or drug
addictions, including training for involuntary commitments for alcohol
or drug use. Requires the department of correction and county jails to
provide alcohol and drug rehabilitation to all offenders with alcohol or
drug addictions.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Judiciary.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
(1) Minimum standards of physical, educational, mental, and moral fitness which shall govern the acceptance of any person for training by any law enforcement training school or academy meeting or exceeding the minimum standards established pursuant to this chapter.
(2) Minimum standards for law enforcement training schools administered by towns, cities, counties, law enforcement training centers, agencies, or departments of the state.
(3) Minimum standards for courses of study, attendance requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) Minimum standards for a course of study on cultural diversity
awareness that must be required for each person accepted for
training at a law enforcement training school or academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers appointed on other than a permanent basis shall complete
in order to be eligible for continued employment or permanent
appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with:
(A) persons with autism, mental illness, addictive disorders,
mental retardation, and developmental disabilities; and
(B) missing endangered adults (as defined in IC 12-7-2-131.3);
to be provided by persons approved by the secretary of family and
social services and the board.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws
(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(11) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include training in interacting with persons
with drug or alcohol addictions, including training for
involuntary commitment procedures under IC 12-23-11.
(b) A law enforcement officer appointed after July 5, 1972, and
before July 1, 1993, may not enforce the laws or ordinances of the state
or any political subdivision unless the officer has, within one (1) year
from the date of appointment, successfully completed the minimum
basic training requirements established under this chapter by the board.
If a person fails to successfully complete the basic training
requirements within one (1) year from the date of employment, the
officer may not perform any of the duties of a law enforcement officer
involving control or direction of members of the public or exercising
the power of arrest until the officer has successfully completed the
training requirements. This subsection does not apply to any law
enforcement officer appointed before July 6, 1972, or after June 30,
1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which shall be calculated
by the aggregate of the time before and after the leave, for the purposes
of this chapter.
(d) Except as provided in subsections (e), (l), (r), and (s), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy or at a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
(e) This subsection does not apply to:
(1) a gaming agent employed as a law enforcement officer by the
Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
designated by the securities commissioner as a police officer of
the state under IC 23-19-6-1(i).
Before a law enforcement officer appointed after June 30, 1993, completes the basic training requirements, the law enforcement officer may exercise the police powers described in subsection (d) if the officer successfully completes the pre-basic course established in subsection (f). Successful completion of the pre-basic course authorizes a law enforcement officer to exercise the police powers described in subsection (d) for one (1) year after the date the law enforcement officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish a pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of force, interacting with individuals with autism, and the operation of an emergency vehicle. The pre-basic course must be offered on a periodic basis throughout the year at regional sites statewide. The pre-basic course must consist of at least forty (40) hours of course work. The board may prepare the classroom part of the pre-basic course using available technology in conjunction with live instruction. The board shall provide the course material, the instructors, and the facilities at the regional sites throughout the state that are used for the pre-basic course. In addition, the board may certify pre-basic courses that may be conducted by other public or private training entities, including postsecondary educational institutions.
(g) The board shall adopt rules under IC 4-22-2 to establish a mandatory inservice training program for police officers. After June 30, 1993, a law enforcement officer who has satisfactorily completed basic training and has been appointed to a law enforcement department or agency on either a full-time or part-time basis is not eligible for continued employment unless the officer satisfactorily completes the mandatory inservice training requirements established by rules adopted by the board. Inservice training must include training in interacting with persons with mental illness, addictive disorders, mental retardation, autism, and developmental disabilities, to be provided by persons approved by the secretary of family and social services and the board, and training concerning human and sexual trafficking. The board may approve courses offered by other public or private training entities, including postsecondary educational institutions, as necessary in order to ensure the availability of an adequate number of inservice training programs. The board may waive an officer's inservice training requirements if the board determines that the officer's reason for
lacking the required amount of inservice training hours is due to either
of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(6) The program must require training in interacting with
individuals with autism.
(i) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the executive training
program within two (2) months of the date the police chief initially
takes office. A police chief must successfully complete the executive
training program within six (6) months of the date the police chief
initially takes office. However, if space in the executive training
program is not available at a time that will allow completion of the
executive training program within six (6) months of the date the police
chief initially takes office, the police chief must successfully complete
the next available executive training program that is offered after the
police chief initially takes office.
(k) A police chief who fails to comply with subsection (j) may not
continue to serve as the police chief until completion of the executive
training program. For the purposes of this subsection and subsection
(j), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police
department; and
(3) the chief of a consolidated law enforcement department
established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these
purposes, but a town marshal may enroll in the executive training
program.
(l) A fire investigator in the division of fire and building safety
appointed after December 31, 1993, is required to comply with the
basic training standards established under this chapter.
(m) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(3).
(n) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at
least two (2) years and less than six (6) years before the officer is
hired under subdivision (1) due to the officer's resignation or
retirement; and
(3) completed at any time a basic training course certified by the
board before the officer is hired under subdivision (1).
(o) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at
least six (6) years and less than ten (10) years before the officer
is hired under subdivision (1) due to the officer's resignation or
retirement;
(3) is hired under subdivision (1) in an upper level policymaking position; and
(4) completed at any time a basic training course certified by the board before the officer is hired under subdivision (1).
A refresher course established under this subsection may not exceed one hundred twenty (120) hours of course work. All credit hours received for successfully completing the police chief executive training program under subsection (i) shall be applied toward the refresher course credit hour requirements.
(p) Subject to subsection (q), an officer to whom subsection (n) or (o) applies must successfully complete the refresher course described in subsection (n) or (o) not later than six (6) months after the officer's date of hire, or the officer loses the officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) A law enforcement officer who has worked as a law enforcement officer for less than twenty-five (25) years before being hired under subsection (n)(1) or (o)(1) is not eligible to attend the refresher course described in subsection (n) or (o) and must repeat the full basic training course to regain law enforcement powers. However, a law enforcement officer who has worked as a law enforcement officer for at least twenty-five (25) years before being hired under subsection (n)(1) or (o)(1) and who otherwise satisfies the requirements of subsection (n) or (o) is not required to repeat the full basic training course to regain law enforcement power but shall attend the refresher course described in subsection (n) or (o) and the pre-basic training course established under subsection (f).
(r) This subsection applies only to a gaming agent employed as a law enforcement officer by the Indiana gaming commission. A gaming agent appointed after June 30, 2005, may exercise the police powers described in subsection (d) if:
(1) the agent successfully completes the pre-basic course established in subsection (f); and
(2) the agent successfully completes any other training courses established by the Indiana gaming commission in conjunction with the board.
(s) This subsection applies only to a securities enforcement officer designated as a law enforcement officer by the securities commissioner. A securities enforcement officer may exercise the police powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the
pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes any
other training courses established by the securities commissioner
in conjunction with the board.
(t) As used in this section, "upper level policymaking position"
refers to the following:
(1) If the authorized size of the department or town marshal
system is not more than ten (10) members, the term refers to the
position held by the police chief or town marshal.
(2) If the authorized size of the department or town marshal
system is more than ten (10) members but less than fifty-one (51)
members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next rank and pay
grade immediately below the police chief or town marshal.
(3) If the authorized size of the department or town marshal
system is more than fifty (50) members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next two (2) ranks
and pay grades immediately below the police chief or town
marshal.
(u) This subsection applies only to a correctional police officer
employed by the department of correction. A correctional police officer
may exercise the police powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic course
described in subsection (f); and
(2) the officer successfully completes any other training courses
established by the department of correction in conjunction with
the board.
(1)
(2) the circumstances surrounding
(3)
(4) whether the criminal offender is addicted to alcohol or drugs; and
(b) In making the evaluation prescribed in subsection (a), the department may utilize any presentence report, any presentence memorandum filed by the offender, any reports of any presentence physical or mental examination, the record of the sentencing hearing, or other information forwarded by the sentencing court or other agency, if that information meets the department's minimum standards for criminal offender evaluation.
(c) If an offender has undergone, within two (2) years before the date of
Chapter 16. Drug and Alcohol Rehabilitation
Sec. 1. The department and each county jail shall provide mandatory drug and alcohol rehabilitation services to each offender who is addicted to drugs or alcohol.
(1) an alcoholic;
(2) incapacitated by alcohol; or
(3) a drug abuser;
and is either dangerous or gravely disabled may be involuntarily committed to the care of the division under this chapter or IC 12-26.
(b) A drug abuser who is charged with or convicted of an offense that makes the individual ineligible to make an election for treatment under IC 12-23-6 or this chapter may not be involuntarily committed under subsection (a).
following Indiana courts have jurisdiction over a proceeding under
this chapter:
(1) A court having probate jurisdiction.
(2) A superior court in a county in which the circuit court has
exclusive probate jurisdiction.
(3) A drug court established under IC 33-23-16.
(b) If an individual is being held under section 19 of this chapter, the court retains jurisdiction over the individual by the court's order for continued detention.
(b) This section does not apply to computation of a period during which an individual may be detained under this article.
(c) In computing time under this chapter, Saturdays, Sundays, and legal holidays are not included in the computation if the time prescribed is less than fourteen (14) days.
(1) by an order of the court pending a hearing; or
(2) pending an order of the court under:
(A) section 18(n) of this chapter; or
(B) section 18(q) of this chapter.
(1) The individual who is the subject of the proceeding.
(2) A petitioner in the proceeding.
(3) An aggrieved person.
(b) An appeal must be taken in the same manner as any other civil case according to the Indiana Rules of Trial and Appellate Procedure.
(1) To receive adequate notice of a hearing so that the individual or the individual's attorney can prepare for the hearing.
(2) To receive a copy of a petition or an order relating to the individual.
(3) To be present at a hearing relating to the individual. The individual's right under this subdivision is subject to the court's right to do the following:
(A) Remove the individual if the individual is disruptive to the proceedings.
(B) Waive the individual's presence at a hearing if the individual's presence would be injurious to the individual's mental health or well-being.
(4) To be represented by counsel.
(b) An individual alleged to be an alcoholic, incapacitated by alcohol, or a drug abuser under section 1 of this chapter and each petitioner may present and cross-examine witnesses at hearings.
(c) The court may receive the testimony of any individual.
(d) An individual alleged to be an alcoholic, incapacitated by alcohol, or a drug abuser under section 1 of this chapter and a petitioner:
(1) have a right to a change of judge; and
(2) are not entitled to a change of venue from the county.
(e) A petitioner may be represented by counsel.
(f) The court may appoint counsel for a petitioner upon a showing of the petitioner's indigency, and the court shall pay for such counsel if appointed.
(g) A petitioner, including a petitioner who is a health care provider under IC 16-18-2-295(b), in the petitioner's individual capacity or as a corporation is not required to be represented by counsel. If a petitioner that is a corporation elects not to be represented by counsel, the individual representing the corporation at the commitment hearing must present the court with written authorization from:
(1) an officer;
(2) a director;
(3) a principal; or
(4) a manager;
of the corporation that authorizes the individual to represent the interest of the corporation in the proceedings.
(h) The petitioner must prove by clear and convincing evidence that:
(1) the individual is an alcoholic, incapacitated by alcohol, or a drug abuser under section 1 of this chapter and either dangerous or gravely disabled; and
(2) detention or commitment of that individual is appropriate.
(1) participates in a proceeding for the detention or commitment of an individual; or
(2) assists in the detention, care, and treatment of an individual alleged or adjudged to be an alcoholic, incapacitated by alcohol, or a drug abuser under section 1 of this chapter;
is immune from any civil or criminal liability that might otherwise be imposed as a result of the person's actions.
(b) The immunity provided by this section does not permit a person to do either of the following:
(1) Physically abuse an individual.
(2) Deprive an individual of a personal or civil right except according to this article.
(1) The right to do the following:
(A) Dispose of property.
(B) Execute instruments.
(C) Make purchases.
(D) Enter into contracts.
(E) Give testimony in a court of law.
(F) Vote.
(2) A right of a citizen not listed in subdivision (1).
(b) A procedure is not required for restoration of rights of citizenship of an individual detained or committed under this chapter.
[EFFECTIVE JULY 1, 2011]: Sec. 17. (a) A law enforcement officer
who has reasonable grounds to believe that an individual is an
alcoholic, incapacitated by alcohol, or a drug abuser, is dangerous,
and is in immediate need of hospitalization and treatment may do
the following:
(1) Apprehend and transport the individual to the nearest
appropriate facility. The individual may not be transported to
a state institution.
(2) Charge the individual with an offense, if applicable.
(b) A law enforcement officer who transports an individual to
a facility shall submit to the facility a written statement containing
the basis for the officer's conclusion that reasonable grounds exist
under this chapter.
(c) The statement required by subsection (b) shall be filed with
the following:
(1) The individual's records at the facility.
(2) The appropriate court if action relating to any charges
filed by the officer against the individual is pursued.
(d) The director of the facility or a physician may furnish
emergency treatment necessary to preserve the health and safety
of the individual detained.
(e) Except as provided in subsection (f), an individual may not
be detained under this chapter for more than twenty-four (24)
hours from the time of admission to the facility.
(f) If the facility director or the attending physician believes the
individual should be detained for more than twenty-four (24) hours
from time of admission to the facility, the facility director or the
physician must have an application filed for emergency detention
under section 18 of this chapter immediately upon the earlier of the
following:
(1) When a judge becomes available.
(2) Within seventy-two (72) hours after admission to the
facility.
(g) An individual detained under this chapter shall be
discharged if either the attending physician or facility director
believes detention is no longer necessary.
(h) A period of detention under this chapter is in addition to a
period of detention under section 18 of this chapter.
hours under this section, excluding Saturdays, Sundays, and legal
holidays, if a written application for detention is filed with the
facility. The individual may not be detained in a state institution
unless the detention is instituted by the state institution.
(b) An application under subsection (a) must contain the
following:
(1) A statement of the applicant's belief that the individual is
an alcoholic, incapacitated by alcohol, or a drug abuser and
either dangerous or gravely disabled.
(2) A statement by at least one (1) physician that, based on:
(A) an examination; or
(B) information given the physician;
the individual may be an alcoholic, incapacitated by alcohol,
or a drug abuser and either dangerous or gravely disabled.
(c) A judicial officer authorized to issue a warrant for arrest in
the county in which an individual is present may endorse an
application made under this section. The endorsed application
authorizes a police officer to take the individual into custody and
transport the individual to a facility.
(d) The expense of transportation under this section shall be
paid by the county in which the individual is present.
(e) An individual detained under this section may be examined
and given emergency treatment necessary to do the following:
(1) Preserve the health and safety of the individual.
(2) Protect other persons and property.
(f) If during a detention period under this section the facility
director or the attending physician determines that there is not
probable cause to believe the individual is an alcoholic,
incapacitated by alcohol, or a drug abuser and either dangerous or
gravely disabled, a report shall be made under subsection (g).
(g) Before the end of a detention period under this section, the
facility director or the individual's attending physician shall make
a written report to the court. The report must contain the
following:
(1) A statement that the individual has been examined.
(2) A statement whether there is probable cause to believe
that the individual:
(A) is an alcoholic, incapacitated by alcohol, or a drug
abuser and either dangerous or gravely disabled; and
(B) requires continuing care and treatment.
(h) If a report made under subsection (g) states there is not
probable cause, the individual shall be discharged from the facility.
The report must be made part of the individual's record.
(i) If a report made under subsection (g) states there is probable
cause, the report shall recommend the following:
(1) That the court hold a hearing to determine whether:
(A) the individual is an alcoholic, incapacitated by alcohol,
or a drug abuser and either dangerous or gravely disabled;
and
(B) there is a need for continuing involuntary detention.
(2) That the individual be detained in the facility pending the
hearing.
(j) The court shall consider and act upon a report described in
subsection (g) within twenty-four (24) hours after receiving the
report.
(k) After receiving a report described in subsection (g), the
court may do any of the following:
(1) Order the individual released.
(2) Order the individual's continued detention pending a
preliminary hearing. The purpose of a hearing under this
subdivision is to determine if there is probable cause to
believe that the individual is:
(A) an alcoholic, incapacitated by alcohol, or a drug abuser
and either dangerous or gravely disabled; and
(B) in need of temporary or regular commitment.
(3) Order a final hearing. The purpose of a hearing ordered
under this subdivision is to determine if the individual is:
(A) an alcoholic, incapacitated by alcohol, or a drug abuser
and either dangerous or gravely disabled; and
(B) in need of temporary or regular commitment.
(l) A hearing ordered under subsection (k) must be held not
later than two (2) days after the order.
(m) A physician's statement may be introduced into evidence at
the preliminary hearing held under subsection (k)(2) without the
presence of the physician.
(n) A finding of probable cause may not be entered at a
preliminary hearing unless there is oral testimony:
(1) subject to cross-examination; and
(2) of at least one (1) witness who:
(A) has personally observed the behavior of the individual;
and
(B) will testify to facts supporting a finding that there is
probable cause to believe that the individual is in need of
temporary or regular commitment.
(o) At the conclusion of the preliminary hearing, if the court
does not find probable cause, the court shall immediately discharge
the individual.
(p) If the court finds at the conclusion of the preliminary
hearing probable cause to believe that the individual needs
temporary or regular commitment, the court shall order the
detention of the individual in an appropriate facility pending a
final hearing.
(q) A final hearing shall be held not later than ten (10) days
after the date of the preliminary hearing.
(r) At a final hearing, an individual may not be found in need of
temporary or regular commitment unless at least one (1) physician
who has personally examined the individual testifies at the hearing.
This testimony may be waived by the individual if the waiver is
voluntarily and knowingly given.
(s) If an individual has not previously been the subject of a
commitment proceeding, the court may order only a temporary
commitment.
(t) If an individual has previously been the subject of a
commitment proceeding, the court may order a regular
commitment under section 19 of this chapter, if a longer period of
treatment is warranted.
(u) If it is determined that there was not probable cause to
believe that an individual is an alcoholic, incapacitated by alcohol,
or a drug abuser and was dangerous when taken into custody and
transported to the facility to be detained, the costs of
transportation to and care and maintenance in the facility during
the period of detention shall be paid by the county in which the
individual was taken into custody.
(b) A commitment under this section may be begun by any of the following methods:
(1) An order of the court having jurisdiction over the individual following detention under section 18 of this chapter.
(2) Filing a petition with a court having jurisdiction in the county:
(A) of residence of the individual; or
(B) where the individual may be found.
(c) A petitioner under subsection (b)(2) must be at least eighteen (18) years of age.
(d) A petition under subsection (b)(2) must include a physician's written statement stating the following:
(1) The physician has examined the individual within the past thirty (30) days.
(2) The physician believes the individual is:
(A) an alcoholic, incapacitated by alcohol, or a drug abuser and either dangerous or gravely disabled; and
(B) in need of custody, care, or treatment in an appropriate facility.
(e) Notice of a hearing under this section shall be given to the following:
(1) The individual.
(2) The petitioner.
(3) The director or the chief executive officer of a facility having care or custody of the individual.
(f) The notice required by subsection (e) must state the time, place, and date of the hearing.
(g) Within three (3) days after a proceeding is begun under this section, the court shall enter an order setting a hearing date.
(h) If the proceeding was begun under subsection (b)(2), the hearing date set under subsection (g) must be more than one (1) day but less than fourteen (14) days from the date of notice.
(i) If the proceeding was begun under subsection (b)(1), the hearing shall be held within ten (10) days after issuance of the order.
(j) The court may hold the hearing at a facility or other suitable place not likely to have a harmful effect on the individual's health or well-being.
(k) The court may appoint a physician to do the following:
(1) Examine the individual.
(2) Report, before the hearing, the physician's opinion as to the following:
(A) Whether the individual is an alcoholic, incapacitated by alcohol, or a drug abuser and either dangerous or gravely disabled.
(B) Whether the individual needs temporary commitment to a facility for diagnosis, care, and treatment.
(l) If a report is made under subsection (k) that the individual
is not either dangerous or gravely disabled, the court may
terminate the proceedings and dismiss the petition. Otherwise, the
hearing must proceed as scheduled or as continued by the court.
(m) If, upon the completion of the hearing and consideration of
the record, the court finds that the individual is an alcoholic,
incapacitated by alcohol, or a drug abuser and either dangerous or
gravely disabled, the court may order the individual to:
(1) be committed to an appropriate facility; or
(2) enter an outpatient therapy program under section 22 of
this chapter for a period of not more than ninety (90) days.
(n) The court's order must require that the facility director or
the attending physician file a treatment plan with the court within
fifteen (15) days after the individual's admission to the facility
under a commitment order.
(o) Unless the court has entered an order under section 20 of
this chapter, the facility director or the attending physician may
discharge the individual before the end of the commitment period
if the facility director or attending physician determines that the
individual is not an alcoholic, incapacitated by alcohol, or a drug
abuser and either dangerous or gravely disabled.
(p) If an individual is discharged under subsection (o), the
facility director or the attending physician shall notify the court,
and the court shall enter an order terminating the commitment.
(q) The period of commitment of an individual under this
chapter may be extended for one (1) additional period of not more
than ninety (90) days through a proceeding under this subsection.
A proceeding under this subsection:
(1) must begin before the end of the first period of
commitment; and
(2) may begin by filing with the court a report by the
attending physician or facility director that states that the
individual continues to be:
(A) an alcoholic, incapacitated by alcohol, or a drug abuser
and either dangerous or gravely disabled; and
(B) in need of continuing custody, care, or treatment in the
facility for an additional period of not more than ninety
(90) days.
(r) Upon receiving a report under subsection (q), the court shall
set a hearing on the report that must be held before the end of the
current commitment period.
(s) Notice of the hearing shall be given to the committed
individual and all other interested individuals at least five (5) days
before the hearing date.
(t) A committed individual's rights and a petitioner's rights and
hearing procedures are the same as those provided for the first
period of commitment.
(u) If at the completion of the hearing and the consideration of
the record the individual is found to be:
(1) an alcoholic, incapacitated by alcohol, or a drug abuser
and either dangerous or gravely disabled; and
(2) in need of continuing custody, care, or treatment in the
facility;
the court may order the individual's continuing custody, care, or
treatment in the facility for one (1) additional period of not more
than ninety (90) days.
(v) At least twenty (20) days before the end of the first or second
temporary commitment period, the facility director or the
attending physician shall make a report to the court that states the
following:
(1) The progress of the individual's treatment.
(2) Whether the individual is dangerous or gravely disabled.
(3) Whether the individual needs continuing care and
treatment in a facility for a period of more than ninety (90)
days.
(b) The notice required under subsection (a) shall be given to the petitioner and any other person designated by the court at least twenty (20) days before the end of the commitment period.
(c) Within ten (10) days after receiving a notice under subsection (a), the petitioner may file a petition with the court that ordered the committed individual's commitment requesting a hearing to determine whether the individual should be discharged.
(d) The petitioner shall notify the facility director of a petition filed with the court under subsection (c).
(e) If the facility director does not receive notice of a request for a hearing within ten (10) days after notice was given under subsection (c) , the committed individual shall be discharged unless the facility director determines that the individual is an alcoholic,
incapacitated by alcohol, or a drug abuser and either dangerous or
gravely disabled.
(f) If the facility director is notified of a petition under
subsection (c), the committed individual may not be discharged
except as provided in this chapter.
(g) If the court receives a petition under subsection (c), the court
shall set a hearing date.
(h) The hearing date set under subsection (g) must be within
twenty (20) days after the petition is filed.
(i) If a hearing is not held within twenty (20) days after the filing
of the petition, the committed individual shall be discharged unless
either of the following applies:
(1) The individual agrees to a continuance.
(2) The facility director determines that the individual is an
alcoholic, incapacitated by alcohol, or a drug abuser and
either dangerous or gravely disabled.
(j) At the hearing the petitioner is entitled to present evidence
concerning the committed individual's drug and alcohol issues.
(k) The court shall order the discharge of a committed
individual and terminate the commitment if the court finds that the
individual is not an alcoholic, incapacitated by alcohol, or a drug
abuser and is not either dangerous or gravely disabled.
(l) If the court does not order the discharge of the committed
individual under subsection (k), the court may appoint a guardian
to provide for the individual's continued care.
(b) Upon the discharge of an individual committed under this chapter, the facility director shall notify the committing court of the date of the discharge. The court shall make an entry on the record indicating the date of discharge.
(1) an alcoholic, incapacitated by alcohol, or a drug abuser and either dangerous or gravely disabled;
(2) likely to benefit from an outpatient therapy program that is designed to decrease the individual's dangerousness or disability;
(3) not likely to be either dangerous or gravely disabled if the individual complies with the therapy program; and
(4) recommended for an outpatient therapy program by the individual's examining physician;
the court may order the individual to enter a therapy program as an outpatient.
(b) Before the court may issue an order under subsection (a), a representative of an outpatient therapy program approved by the court must represent to the court that the individual may enter that program immediately.
(c) The court may require an individual ordered to enter an outpatient therapy program under subsection (a) to do the following:
(1) Follow the therapy program the individual enters.
(2) Attend each medical, psychiatric, and rehabilitation appointment made for the individual.
(3) Reside at a location determined by the court.
(4) Comply with other conditions determined by the court.
(d) If a staff member of a program involved in the treatment, supervision, rehabilitation, or care of an individual ordered to enter an outpatient therapy program under subsection (a) has reason to believe that the individual has failed to comply with the requirements of subsection (c), the staff member shall immediately notify the court of the failure to comply.
(e) An individual may be transferred from an outpatient therapy program to the inpatient unit of the facility that has the original commitment.
(f) An individual may not be imprisoned or confined in a jail or correctional facility unless the individual has been placed under arrest.
(g) A facility to which an individual is transferred under subsection (e) shall immediately notify the court of the transfer.
(h) Upon receiving notification under subsection (d), the court shall reopen the original commitment proceeding and determine whether the:
(1) individual:
(A) has failed to comply with the requirements of
subsection (c);
(B) is an alcoholic, incapacitated by alcohol, or a drug
abuser and either dangerous or gravely disabled; and
(C) should be committed to a facility under this article; or
(2) individual should continue to be maintained on an
outpatient commitment, subject to an additional court order
that:
(A) requires a law enforcement officer to apprehend and
transport the individual to a facility for treatment; and
(B) applies:
(i) after notification to the court by the facility or
provider responsible for the individual's commitment;
and
(ii) whenever the individual fails to attend a scheduled
outpatient appointment or fails to comply with a
condition of the outpatient commitment.
(i) If the court receives notice of a transfer under subsection (g),
the court may conduct a review to determine the validity of the
transfer.
(j) If an individual is ordered to enter a therapy program under
subsection (a), the individual is entitled to a review of the order and
release from the program at the same intervals and under the same
conditions as an individual committed under section 19 of this
chapter.
(k) If an individual:
(1) has been committed under section 19 of this chapter;
(2) is likely to benefit from a therapy program designed to
decrease the individual's dangerousness or grave disability;
(3) is not likely to be either dangerous or gravely disabled if
the individual continues to follow the therapy program; and
(4) is recommended for an outpatient therapy program by the
individual's attending or examining physician;
the facility director in which the individual is committed or the
court at the time of commitment may place the individual on
outpatient status for the remainder of the individual's commitment
period, subject to the conditions of outpatient therapy programs
under subsection (l).
(l) An individual placed on outpatient status under subsection
(k) may be required to do the following:
(1) Follow the therapy program designed by the facility in
which the individual has been placed.
(2) Attend any medical, rehabilitation, or psychiatric
appointments made for the individual with respect to the
individual's psychiatric condition.
(3) Reside at a place designated by the facility director.
(m) If the individual's attending or examining physician
determines that the individual has failed to comply with the
requirements under subsection (l) and is likely to be dangerous or
gravely disabled, the individual:
(1) may be returned to the facility to which the individual is
committed under this article as an inpatient; or
(2) may be transferred to a short term subacute stabilization
treatment program under this chapter.
(n) After an individual has been returned to the facility to which
the individual is committed under this article, the director shall
conduct a hearing under IC 4-21.5-3 to determine whether:
(1) the individual has failed to comply with the requirements
described in subsection (l);
(2) the individual is in need of inpatient treatment; and
(3) the individual's outpatient status should be revoked.
(o) A hearing required by subsection (a) may be conducted by
a hearing officer appointed by the director.
(p) An individual may appeal under IC 4-21.5-5 a determination
of the hearing officer by filing a petition with the court that
committed the individual under section 19 of this chapter.
