Sec. 7. (a) An advisory board shall develop a forensic diversion plan to provide an adult who:

(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

(2) has been charged with a crime that is not a violent crime;

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.