(1) except for 21 U.S.C. § 862a(a), meets the federal and Indiana TANF program eligibility requirements;

(2) has been convicted of an offense under federal or state law that:

(A) is classified as a felony;

(B) has as an element the possession or use of a controlled substance (as defined in 21 U.S.C. § 802(6)); and

(C) does not have as an element the distribution or manufacturing of a controlled substance (as defined in 21 U.S.C. § 802(6)); and

(3) either has completed or is participating in substance abuse or mental health treatment provided by:

(A) an addiction services provider certified by the division of mental health and addiction;

(B) a mental health provider (as defined in IC 16-36-1.5-2);

(C) the department of correction;

(D) the federal government; or

(E) a faith based program certified by the division of mental health and addiction;

is eligible to receive assistance under this chapter for not more than twelve (12) months.

     (b) For purposes of eligibility for assistance under this chapter, a court may order an individual described in subsection (a) to participate in substance abuse or mental health treatment under this section.

     (c) The department of correction shall assist an individual who:

(1) is incarcerated by the department of correction; and

(2) will be eligible for assistance under this chapter upon:

(A) release to parole;

(B) assignment to a community transition program; or

(C) discharge from the department of correction;

with applying for assistance under this chapter as described in IC 11-10-12-5.

     (d) An individual who is receiving TANF under this section must be tested not less than one (1) time every two (2) months for drugs at a time chosen by the provider of the substance abuse or mental health treatment the individual completed or is participating in under this section. Nothing in this section shall prevent the provider from testing for drugs more frequently if more frequent testing is part of the program operated by the provider.

As added by P.L.161-2007, SEC.32.