Section 33-23-16-14.5 - Termination of participation(a) A problem solving court may terminate an individual's participation in a problem solving court program if the individual has violated at least one (1) of the conditions of the individual's:(1) participation agreement; or(2) case management plan.(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.Added by P.L. 187-2011, SEC. 5, eff. 7/1/2011.