Indiana Code 33-23-16-14.5. Termination of participation
(1) participation agreement; or
Terms Used In Indiana Code 33-23-16-14.5
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- problem solving court: means a court providing a process for immediate and highly structured judicial intervention for eligible individuals that incorporates the following problem solving concepts:
Indiana Code 33-23-16-8
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Summons: Another word for subpoena used by the criminal justice system.
(b) If it is alleged that an individual has violated at least one (1) condition of a problem solving court program, the problem solving court may:
(1) remand the individual into custody;
(2) order a summons to be issued to the individual to appear; or
(3) order a warrant for the individual’s arrest if there is a risk that the individual may:
(A) flee the jurisdiction; or
(B) cause harm to the individual or another individual.
(c) The problem solving court judge or other hearing officer shall conduct a hearing concerning an alleged violation of a condition of a problem solving court program as follows:
(1) The state must prove the violation by a preponderance of the evidence.
(2) The evidence must be presented in open court.
(3) The individual who is alleged to have committed the violation is entitled to:
(A) receive written notice of the alleged violation;
(B) obtain the disclosure of evidence against the individual;
(C) confront and cross-examine witnesses; and
(D) be represented by counsel.
(d) An individual participating in a problem solving court program may not be terminated from the problem solving court program for failure to pay a:
(1) problem solving court program service fee; or
(2) chemical testing fee;
assessed against the individual by the problem solving court unless the individual recklessly fails or willfully refuses to pay the assessed fee.
(e) Except as provided in sections 14 and 15 of this chapter, if the problem solving court judge or hearing officer finds that an individual participating in a problem solving court program has violated a condition of the program, the problem solving court judge or hearing officer may:
(1) continue the individual’s participation in the problem solving court program with or without modifying or expanding the individual’s conditions for participating in the problem solving court program; or
(2) terminate the individual’s participation in the problem solving court program.
As added by P.L.187-2011, SEC.5.