CHAPTER 7. CONTINUANCE OF PROSECUTION AFTER FELONY CHARGE
IC 12-23-7
Chapter 7. Continuance of Prosecution After Felony Charge
IC 12-23-7-1
Advising individual that prosecution may be continued if request
for treatment is made; reason to believe individual is drug abuser
or alcoholic; eligibility to make request under IC 12-23-6
Sec. 1. If:
(1) a court has reason to believe that an individual charged with
a felony is a drug abuser or an alcoholic or the individual states
that the individual is a drug abuser or an alcoholic; and
(2) the court finds that the individual is eligible to make the
request for treatment provided for in IC 12-23-6;
the court may advise the individual that the prosecution of the charge
may be continued if the individual requests to undergo treatment and
is accepted for treatment by the division.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-2
Advising individual of opportunity to request treatment; required
information
Sec. 2. In offering an individual an opportunity to request
treatment, the court shall advise the individual of the following:
(1) If the individual requests to undergo treatment and is
accepted, the individual may be placed under the supervision of
the division for a period not to exceed three (3) years.
(2) During treatment the individual may be confined in an
institution or, at the discretion of the division, the individual
may be released for treatment or supervised aftercare in the
community.
(3) If the individual completes treatment, the charge will be
dismissed, but if the individual does not complete treatment,
prosecution on the charge may be resumed.
(4) A request constitutes a formal waiver of the right to a
speedy trial.
(5) To make a request the individual must waive a jury trial and
consent to a trial by the court or must enter a guilty plea, with
the general finding to be entered by the court to be deferred
until the time that prosecution may be resumed.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-3
Request for treatment; examination by division; determination
whether individual is alcoholic or drug abuser; likelihood of
rehabilitation
Sec. 3. If an eligible individual requests to undergo treatment, the
court may order the division to conduct an examination of the
individual to determine whether the individual is a drug abuser or an
alcoholic and is likely to be rehabilitated through treatment.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-4
Pretrial or preplea investigation by court; denial of request
Sec. 4. The court may deny a request if after conducting a pretrial
or preplea investigation the court finds the individual would not
qualify under the criteria of the court to be released on probation if
convicted.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-5
Grant of request; certification to division; transmission of
information
Sec. 5. If a request is granted, the court shall do the following:
(1) Certify to the division that the individual may request
treatment.
(2) Transmit to the division the following:
(A) A summary of the criminal history of the individual.
(B) A copy of the report of all background investigations
conducted by or for the court.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-6
Examination by division; report and recommendation
Sec. 6. Within a reasonable time after receiving an order to
conduct an examination, together with the court's certification of
eligibility and required supporting documents, the division shall
report to the court the results of the examination and recommend if
an individual should be placed under supervision for treatment.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-7
Determination that individual is not alcoholic or drug abuser or is
not likely to be rehabilitated through treatment
Sec. 7. If the court, acting on the report and other information
coming to the court's attention, determines that:
(1) an individual is not a drug abuser or an alcoholic; or
(2) the individual is not likely to be rehabilitated through
treatment;
the individual may be held to answer the charge.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-8
Deferral of trial or of entering general findings; consent of
prosecuting attorney
Sec. 8. If the court determines that an individual is a drug abuser
or an alcoholic and is likely to be rehabilitated through treatment, the
court may, with the consent of the prosecuting attorney:
(1) defer the trial; or
(2) without a jury, conduct the trial of the individual but may,
with the consent of the prosecuting attorney, do the following:
(A) Defer entering general findings with respect to the
individual until the time that prosecution may be resumed.
(B) Place the individual under the supervision of the division
for treatment for a maximum of two (2) years.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-9
Progress reports
Sec. 9. The court may require progress reports on an individual
that the court finds necessary.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-10
Treatment placement; acceptance of individual by division
Sec. 10. An individual may not be placed under the supervision of
the division for treatment under this chapter unless the division
accepts the individual for treatment.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-11
Treatment placement; continuation or dismissal of criminal
charges
Sec. 11. If an individual is placed under the supervision of the
division for treatment under this chapter, the criminal charge against
the individual shall be:
(1) continued without final disposition; and
(2) dismissed if the division certifies to the court that the
individual has successfully completed the treatment program.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-12
Supervisory period; absence of certification that individual will
complete program; determination that treatment not likely to be
successful; resumption or dismissal of pending proceeding
Sec. 12. (a) Subject to subsection (b), if by the expiration of the
supervisory period the division has not been able to certify that an
individual has completed the treatment program, the pending
proceeding may be resumed.
(b) If the court believes that the individual will complete the
treatment on a voluntary basis, the court may dismiss the criminal
charge.
(c) If, before the supervisory period expires, the division
determines that further treatment of the individual is not likely to be
successful, the division shall so advise the court. The court shall
terminate the supervision, and the pending criminal proceeding may
be resumed.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-13
Term of imprisonment; deduction of time spent in institutional
care
Sec. 13. If a criminal proceeding is resumed, time spent in
institutional care shall be deducted from a fixed term of
imprisonment imposed.
As added by P.L.2-1992, SEC.17.
IC 12-23-7-14
Programs to which offenders released
Sec. 14. The division may not release an offender under section
2(2) of this chapter to an alcohol and drug services treatment
program that is not a program administered by a court under
IC 12-23-14 or that has not complied with the certification
requirements of the division of mental health and addiction.
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.42;
P.L.215-2001, SEC.63.