CHAPTER 9. CIRCUIT COURT ALCOHOL ABUSE DETERRENT PROGRAMS
IC 9-30-9
Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs
IC 9-30-9-0.5
Applicability after June 30, 2005
Sec. 0.5. After June 30, 2005, this chapter does not apply to a
person who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of
a motor vehicle in accordance with the federal Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Public Law
106-159.113 Stat. 1748).
As added by P.L.219-2003, SEC.8.
IC 9-30-9-1
Application
Sec. 1. This chapter applies to each circuit court that is not
authorized to establish an alcohol and drug services program under
IC 12-23-14-1 through IC 12-23-14-13.
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1992, SEC.91.
IC 9-30-9-2
Establishment
Sec. 2. The circuit court of a county may establish an alcohol
abuse deterrent program after the county fiscal body adopts a
resolution approving the program. The program must provide for the
treatment of individuals who have been convicted of more than one
(1) violation of IC 9-30-5 with disulfiram or a similar substance that
the court determines is an effective chemical deterrent to the use of
alcohol.
As added by P.L.2-1991, SEC.18. Amended by P.L.2-1992, SEC.92;
P.L.40-1994, SEC.4.
IC 9-30-9-3
Application to criminal proceedings; judicial notice; deferred
proceedings; order to complete program
Sec. 3. (a) This section applies to a criminal proceeding in which
the use or abuse of alcohol is a contributing factor or a material
element of the offense.
(b) The court may take judicial notice of the fact that proper
medical treatment is likely to decrease the defendant's tendency to
engage in antisocial behavior.
(c) Before conviction, the court, with the consent of the defendant
and the prosecuting attorney, may conditionally defer the
proceedings described in subsection (a) for up to four (4) years.
However, a prosecution may not be deferred under this section if:
(1) the offense involves death or serious bodily injury;
(2) other criminal proceedings, not arising out of the same
incident, alleging commission of a felony are pending against
the defendant;
(3) the defendant is on probation or parole and the appropriate
parole or probation authority does not consent to the defendant's
participation; or
(4) the defendant fails to meet additional eligibility
requirements imposed by the court.
(d) The court may order the defendant to satisfactorily complete
the program established under section 2 of this chapter if the court
makes a determination under subsection (b). The court may impose
other appropriate conditions upon the defendant.
As added by P.L.2-1991, SEC.18.
IC 9-30-9-4
Violation of conditions; resumption of proceedings; compliance
with conditions; dismissal of charges
Sec. 4. If a defendant violates a condition imposed by the court
under section 3 of this chapter, the court may order criminal
proceedings to be resumed. If a defendant fulfills the conditions set
by the court under section 3 of this chapter, the court shall dismiss
the charges against the defendant. However, if:
(1) the defendant was previously charged under IC 9-30-5; and
(2) the previous charges were dismissed under this section;
the individual is not eligible to have subsequent charges under
IC 9-30-5 dismissed under this chapter.
As added by P.L.2-1991, SEC.18.
IC 9-30-9-5
Conditionally deferred charges; suspension of driving privileges;
ignition interlock device
Sec. 5. (a) If the court enters an order conditionally deferring
charges under section 3 of this chapter, the court may do the
following:
(1) Suspend the person's driving privileges for at least two (2)
years but not more than four (4) years.
(2) Impose other appropriate conditions, including the payment
of fees imposed under section 8 of this chapter.
(b) Notwithstanding IC 9-30-6-9, the defendant may be granted
probationary driving privileges only after the defendant's license has
been suspended for at least one (1) year.
(c) The court may, as an alternative to a license suspension under
subsection (a)(1), issue an order prohibiting the defendant from
operating a motor vehicle unless the motor vehicle is equipped with
a functioning certified ignition interlock device under IC 9-30-8. An
order requiring an ignition interlock device must remain in effect for
at least two (2) years but not more than four (4) years.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.18.
IC 9-30-9-6
Probation; referral of defendant to program
Sec. 6. If the defendant is convicted in a proceeding described in
section 3(a) of this chapter and the court places the defendant on
probation, the court may refer the defendant to the alcohol abuse
deterrent program if the court makes a determination under section
3(b) of this chapter.
As added by P.L.2-1991, SEC.18.
IC 9-30-9-7
Referral of defendant to program; suspension of driving privileges;
ignition interlock device
Sec. 7. (a) If the court refers a defendant to the program under
section 6 of this chapter, the court may do the following:
(1) Suspend the defendant's driving privileges for at least ninety
(90) days but not more than four (4) years.
(2) Impose other appropriate conditions.
(b) The defendant may be granted probationary driving privileges
only after the defendant's license has been suspended for at least
thirty (30) days under IC 9-30-6-9.
(c) The court may, as an alternative to a license suspension under
subsection (a)(1), issue an order prohibiting the defendant from
operating a motor vehicle unless the motor vehicle is equipped with
a functioning certified ignition interlock device under IC 9-30-8. An
order requiring an ignition interlock device must remain in effect for
at least two (2) years but not more than four (4) years.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.19.
IC 9-30-9-7.5
Offenses; operating motor vehicle without ignition interlock device
Sec. 7.5. (a) A person commits a Class B infraction if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) is prohibited from operating a motor vehicle unless the
motor vehicle is equipped with a functioning certified ignition
interlock device under section 5(c) or 7(c) of this chapter.
(b) A person commits a Class B misdemeanor if the person:
(1) operates a motor vehicle without a functioning certified
ignition interlock device; and
(2) knows the person is prohibited from operating a motor
vehicle unless the motor vehicle is equipped with a functioning
certified ignition interlock device under section 5(c) or 7(c) of
this chapter.
As added by P.L.76-2004, SEC.20. Amended by P.L.2-2005, SEC.42.
IC 9-30-9-8
Program fee; medical fee; indigent defendant
Sec. 8. (a) The court shall order a defendant participating in a
program under this chapter to pay an alcohol abuse deterrent program
fee or a medical fee, or both, unless the court determines that the
defendant is indigent.
(b) An alcohol abuse deterrent program fee ordered under this
section may not exceed four hundred dollars ($400).
(c) A medical fee ordered under this section may not exceed one
hundred fifty dollars ($150).
As added by P.L.2-1991, SEC.18. Amended by P.L.113-2001, SEC.1.
IC 9-30-9-9
County alcohol abuse deterrent fund
Sec. 9. The county auditor shall establish a county alcohol abuse
deterrent fund after a program is established under section 2 of this
chapter.
As added by P.L.2-1991, SEC.18.
IC 9-30-9-10
Circuit court; duties
Sec. 10. The circuit court:
(1) shall administer the program established under section 2 of
this chapter;
(2) shall submit claims under IC 33-37-8-6 for the disbursement
of funds; and
(3) may enter into contracts with individuals, firms, and
corporations to provide the treatment described by section 2 of
this chapter.
As added by P.L.2-1991, SEC.18. Amended by P.L.98-2004, SEC.79.
IC 9-30-9-11
Repealed
(Repealed by P.L.137-1995, SEC.1.)