Section 18. Eligibility and Referral
Effective April 7, 2021
(a) A problem-solving court shall develop and observe written policy and procedure for referral to the problem-solving court and for determining an individual’s eligibility for problem- solving court participation under IC 33-23-16-13. A problem-solving court shall maintain a copy of the participant’s court order to participate in the problem-solving court pursuant to IC 33-23- 16-13(3) in the participant’s case management file.
(b) A person may be eligible for participation in a problem-solving court that admits individuals under a criminal case number pursuant to IC 33-23-16-13(3)(A) or (B) if the offense for which the person will be admitted into the problem-solving court is a forcible felony as defined in IC 35-31.5-2-138 upon approval of the prosecutor.
(c) A person may not be automatically ineligible to participate in a problem-solving court solely on the basis that the person has a co-occurring disorder, medical condition, and/or is taking a legally prescribed psychotropic or addiction medication. A problem-solving court determines eligibility on a case by case basis with due consideration given to the available local treatment and problem-solving court resources.
(d) A problem-solving court shall consider the results of a current assessment under the Indiana Risk Assessment System or Indiana Youth Assessment System in compliance with the policies adopted by the Judicial Conference of Indiana when determining the eligibility of an individual referred for problem-solving court participation under a criminal or delinquency case number.
(e) A problem-solving court may utilize any additional appropriate empirically validated assessment instrument to determine an individual’s eligibility for problem-solving court participation.
(f) The problem-solving court judge must authorize all participant admissions to the problem-solving court.