Section 19. Participation Agreement
Effective April 7, 2021
(a) A problem-solving court shall develop and utilize a participation agreement that is filed with the problem-solving court and contains each of the following:
(1) The county or jurisdiction of the problem-solving court.
(2) The signature of each party to the participation agreement.
(3) The source of the court’s jurisdiction under IC 33-23-16-13.
(4) The case number accepted into the problem-solving court.
(5) The length of the problem-solving court program.
(6) A list of rights the participant must waive in order to participate in the problem- solving court.
(7) A list of problem-solving court requirements.
(8) The problem-solving court participation home visit and search conditions.
(9) An advisement that the participant will be subject to assessment utilizing the Indiana Risk Assessment System or the Indiana Youth Assessment System throughout participation in the problem-solving court if the participant is admitted into the problem- solving court under a criminal case number or delinquency petition. The results of any such assessments will be entered into the risk assessment system database.
(10) The impact of successfully completing problem-solving court on the case number under which the participant was admitted into problem-solving court.
(11) The legal consequences to the participant as a result of termination from problem- solving court.
(12) Information related to problem-solving court fees.
(13) An advisement that the participant’s case and compliance, including information that might otherwise be confidential, will be discussed in open court.
(b) A problem-solving court shall develop and observe written policy and procedure providing each participant referred to the problem-solving court with the opportunity to review and discuss the participation agreement with an attorney prior to entering into the agreement. Documentation evidencing that the participant consulted with or waived the opportunity to consult with an attorney shall be maintained in the participant’s case management file.
(c) Evidence that the executed participation agreement was filed with the problem- solving court shall be maintained in the participant’s case management file.
Commentary on Section 19(a).
Participants are entitled to good time credit for time spent confined while participating in a problem-solving court pursuant to IC 35-50-6. If the problem- solving court chooses not to award eligible good time credit, the participation agreement must contain a provision advising the participant that statutory good time credit will not be earned as a condition of problem-solving court participation.