Indiana Code 11-12-3.7-7. Advisory board’s duty to develop a plan
(1) has an intellectual disability, a developmental disability, an autism spectrum disorder, a mental illness, an addictive disorder, or a combination of those conditions; and
Terms Used In Indiana Code 11-12-3.7-7
- addictive disorder: means a diagnosable chronic substance use disorder of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Indiana Code 11-12-3.7-1
- advisory board: means a:
Indiana Code 11-12-3.7-2
- Autism: means a neurological condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. See Indiana Code 1-1-4-5
- autism spectrum disorder: has the meaning set forth in the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders. See Indiana Code 11-12-3.7-2.5
- Contract: A legal written agreement that becomes binding when signed.
- developmental disability: has the meaning set forth in IC 12-7-2-61. See Indiana Code 11-12-3.7-2.8
- forensic diversion program: means a program designed to provide an adult:
Indiana Code 11-12-3.7-4
- mental illness: means a psychiatric disorder that is of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Indiana Code 11-12-3.7-5
an opportunity, pre-conviction or post-conviction, to receive community treatment and other services addressing intellectual disabilities, developmental disabilities, autism spectrum disorders, mental health, and addictions instead of or in addition to incarceration.
(b) The forensic diversion plan may include any combination of the following program components:
(1) Pre-conviction diversion for adults with mental illness.
(2) Pre-conviction diversion for adults with addictive disorders.
(3) Pre-conviction diversion for adults with developmental disabilities.
(4) Pre-conviction diversion for adults with intellectual disabilities.
(5) Pre-conviction diversion for individuals with an autism spectrum disorder.
(6) Post-conviction diversion for adults with mental illness.
(7) Post-conviction diversion for adults with addictive disorders.
(8) Post-conviction diversion for adults with intellectual disabilities.
(9) Post-conviction diversion for adults with developmental disabilities.
(10) Post-conviction diversion for individuals with an autism spectrum disorder.
(c) In developing a plan, the advisory board must consider the ability of existing programs and resources within the community, including:
(1) a problem solving court established under IC 33-23-16;
(2) a court alcohol and drug program certified under IC 12-23-14-13;
(3) treatment providers certified by the division of mental health and addiction under IC 12-23-1-6 or IC 12-21-2-3(5); and
(4) other public and private agencies.
(d) Development of a forensic diversion program plan under this chapter or IC 11-12-2-3 does not require implementation of a forensic diversion program.
(e) The advisory board may:
(1) operate the program;
(2) contract with existing public or private agencies to operate one (1) or more components of the program; or
(3) take any combination of actions under subdivisions (1) or (2).
(f) Any treatment services provided under the forensic diversion program:
(1) for addictions must be provided by an entity that is certified by the division of mental health and addiction under IC 12-23-1-6; or
(2) for mental health must be provided by an entity that is:
(A) certified by the division of mental health and addiction under IC 12-21-2-3(5);
(B) accredited by an accrediting body approved by the division of mental health and addiction; or
(C) licensed to provide mental health services under IC 25.
As added by P.L.85-2004, SEC.3. Amended by P.L.192-2007, SEC.5; P.L.108-2010, SEC.2; P.L.2-2014, SEC.55; P.L.187-2015, SEC.8.