Section 26. Transfers
Effective April 7, 2021
(a) A problem-solving court may initiate and/or accept transfers of individuals from another court.
(b) A problem-solving court that permits participants to transfer out of the county or accepts the transfer of individuals in from another county shall develop and observe written policy and procedure for the consideration of transfer applications to include the following:
(1) An individual does not have a right to a problem-solving court transfer. The sending and receiving courts have the discretion to approve or deny a transfer application. A transfer is deemed approved only if both the sending and receiving courts approve the transfer request in writing.
(2) A problem-solving court transfer received from another county shall be for the purposes of supervision and problem-solving court participation only, including intermittent sanctioning authority. The problem-solving court shall send the individual back to the sending court when the participant has completed all of the problem-solving court’s participation requirements or has been terminated from the problem-solving court.
(3) The sending court shall retain jurisdiction over case disposition following successful completion of or termination from a problem-solving court.
(c) A problem-solving court may accept a transfer from another court within in the same county in accordance with local court rules and/or local court administrative policy.
(d) A problem-solving court transfer fee may be charged to an individual for any approved transfer within Indiana.
(1) A participant may be charged a transfer fee by both the sending and receiving problem-solving courts.
(2) The problem-solving court transfer fee may not exceed $25.
(3) The problem-solving court shall adopt by local court rule the fee assessed to participants for a problem-solving court transfer.
(e) The problem-solving court fees for transfers within Indiana authorized under this section shall be collected and utilized in accordance with IC 33-23-16-23.
(f) All problem-solving court participants who travel outside the State of Indiana are required to comply with the Interstate Compact for Adult Offender Supervision or the Interstate Compact for Juveniles (IC 11-13.5). Any time a participant is required to travel out-of-state for more than 45 days in a 12-month period, the problem-solving court shall consult the designated compact contact in the county to ensure compliance with all applicable rules of the Interstate Compact for Adult Supervision or Interstate Compact for Juveniles.