CHAPTER 3.7. FORENSIC DIVERSION PROGRAM
IC 11-12-3.7
Chapter 3.7. Forensic Diversion Program
IC 11-12-3.7-1
"Addictive disorder"
Sec. 1. As used in this chapter, "addictive disorder" means adiagnosable chronic substance use disorder of sufficient duration tomeet diagnostic criteria within the most recent edition of theDiagnostic and Statistical Manual of Mental Disorders published bythe American Psychiatric Association.
As added by P.L.85-2004, SEC.3.
IC 11-12-3.7-2
"Advisory board"
Sec. 2. As used in this chapter, "advisory board" means a:
(1) community corrections advisory board, if there is one in thecounty; or
(2) forensic diversion program advisory board, if there is not acommunity corrections advisory board in the county.
As added by P.L.85-2004, SEC.3.
IC 11-12-3.7-3
"Drug dealing offense"
Sec. 3. As used in this chapter, "drug dealing offense" means one(1) or more of the following offenses:
(1) Dealing in cocaine or a narcotic drug (IC 35-48-4-1), unlessthe person received only minimal consideration as a result ofthe drug transaction.
(2) Dealing in methamphetamine (IC 35-48-4-1.1), unless theperson received only minimal consideration as a result of thedrug transaction.
(3) Dealing in a schedule I, II, III, IV, or V controlled substance(IC 35-48-4-2 through IC 35-48-4-4), unless the person receivedonly minimal consideration as a result of the drug transaction.
(4) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10),unless the person received only minimal consideration as aresult of the drug transaction.
As added by P.L.85-2004, SEC.3. Amended by P.L.151-2006, SEC.5.
IC 11-12-3.7-4
"Forensic diversion program"
Sec. 4. As used in this chapter, "forensic diversion program"means a program designed to provide an adult:
(1) who has a mental illness, an addictive disorder, or both amental illness and an addictive disorder; and
(2) who has been charged with a crime that is not a violentoffense;
an opportunity to receive community treatment and other servicesaddressing mental health and addiction instead of or in addition toincarceration.As added by P.L.85-2004, SEC.3. Amended by P.L.192-2007, SEC.4.
IC 11-12-3.7-5
"Mental illness"
Sec. 5. As used in this chapter, "mental illness" means apsychiatric disorder that is of sufficient duration to meet diagnosticcriteria within the most recent edition of the Diagnostic andStatistical Manual of Mental Disorders published by the AmericanPsychiatric Association.
As added by P.L.85-2004, SEC.3.
IC 11-12-3.7-6
"Violent offense"
Sec. 6. As used in this chapter, "violent offense" means one (1) ormore of the following offenses:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Battery (IC 35-42-2-1) as a Class A felony, Class B felony,or Class C felony.
(8) Kidnapping (IC 35-42-3-2).
(9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 thatis a Class A felony, Class B felony, or Class C felony.
(10) Sexual misconduct with a minor (IC 35-42-4-9) as a ClassA felony or Class B felony.
(11) Incest (IC 35-46-1-3).
(12) Robbery as a Class A felony or a Class B felony (IC35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony (IC35-43-2-1).
(14) Carjacking (IC 35-42-5-2).
(15) Assisting a criminal as a Class C felony (IC 35-44-3-2).
(16) Escape (IC 35-44-3-5) as a Class B felony or Class Cfelony.
(17) Trafficking with an inmate as a Class C felony (IC35-44-3-9).
(18) Causing death when operating a motor vehicle (IC9-30-5-5).
(19) Criminal confinement (IC 35-42-3-3) as a Class B felony.
(20) Arson (IC 35-43-1-1) as a Class A or Class B felony.
(21) Possession, use, or manufacture of a weapon of massdestruction (IC 35-47-12-1).
(22) Terroristic mischief (IC 35-47-12-3) as a Class B felony.
(23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
(24) A violation of IC 35-47.5 (Controlled explosives) as aClass A or Class B felony.
(25) A crime under the laws of another jurisdiction, including
a military court, that is substantially similar to any of theoffenses listed in this subdivision.
(26) Any other crimes evidencing a propensity or history ofviolence.
As added by P.L.85-2004, SEC.3.
IC 11-12-3.7-7
Advisory board's duty to develop a plan
Sec. 7. (a) An advisory board shall develop a forensic diversionplan to provide an adult who:
(1) has a mental illness, an addictive disorder, or both a mentalillness and an addictive disorder; and
(2) has been charged with a crime that is not a violent crime;
an opportunity, pre-conviction or post-conviction, to receivecommunity treatment and other services addressing mental healthand addictions instead of or in addition to incarceration.
(b) The forensic diversion plan may include any combination ofthe following program components:
(1) Pre-conviction diversion for adults with mental illness.
(2) Pre-conviction diversion for adults with addictive disorders.
(3) Post-conviction diversion for adults with mental illness.
(4) Post-conviction diversion for adults with addictivedisorders.
(c) In developing a plan, the advisory board must consider theability 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 underIC 12-23-14-13;
(3) treatment providers certified by the division of mental healthand addiction under IC 12-23-1-6 or IC 12-21-2-3(a)(5); and
(4) other public and private agencies.
(d) Development of a forensic diversion program plan under thischapter or IC 11-12-2-3 does not require implementation of aforensic diversion program.
(e) The advisory board may:
(1) operate the program;
(2) contract with existing public or private agencies to operateone (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 diversionprogram:
(1) for addictions must be provided by an entity that is certifiedby the division of mental health and addiction underIC 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 addictionunder IC 12-21-2-3(a)(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.
IC 11-12-3.7-8
Request for treatment; tolling of speedy trial period
Sec. 8. (a) An individual may request treatment under this chapteror the court may order an evaluation of the individual to determineif the individual is an appropriate candidate for forensic diversion.
(b) A request for treatment or an order for an evaluation under thischapter tolls the running of the speedy trial time period until thecourt has made a determination of eligibility for the program underthis section.
As added by P.L.85-2004, SEC.3.
IC 11-12-3.7-9
Periodic progress report; court order required for release fromprogram
Sec. 9. (a) A court shall be provided with periodic progressreports on an individual who is ordered by the court to undergotreatment in a forensic diversion program.
(b) A participant may not be released from a forensic diversionprogram without a court order. The court must consider therecommendation of the forensic diversion program before orderinga participant's release.
As added by P.L.85-2004, SEC.3.
IC 11-12-3.7-10
Forensic diversion advisory board; members
Sec. 10. (a) A county that does not have a community correctionsadvisory board may form a forensic diversion advisory board.
(b) A forensic diversion advisory board formed under subsection(a) shall consist of the following:
(1) A judge exercising criminal jurisdiction in the county.
(2) The head of the county public defender office, if there is onein the county, or a criminal defense attorney who practices inthe county if there is not a county public defender office in thecounty.
(3) The chief probation officer.
(4) The prosecuting attorney.
(5) The drug court judge or the designee of the drug court judgeif there is a certified drug court in the county.
(6) The supervising judge of the court alcohol and drug servicesprogram or the designee of the supervising judge, if there is acertified court alcohol and drug services program in the county.
(7) An individual who is certified or licensed as a substanceabuse professional.
(8) An individual who is certified or licensed as a mental healthprofessional. (9) An individual with expertise in substance abuse or mentalhealth treatment.
As added by P.L.85-2004, SEC.3.
IC 11-12-3.7-11
Eligibility for pre-conviction forensic diversion; advisements; stayof entry of judgment; consequences of successful completion orfailure
Sec. 11. (a) A person is eligible to participate in a pre-convictionforensic diversion program only if the person meets the followingcriteria:
(1) The person has a mental illness, an addictive disorder, orboth a mental illness and an addictive disorder.
(2) The person has been charged with an offense that is:
(A) not a violent offense; and
(B) a Class A, B, or C misdemeanor, or a Class D felony thatmay be reduced to a Class A misdemeanor in accordancewith IC 35-50-2-7.
(3) The person does not have a conviction for a violent offensein the previous ten (10) years.
(4) The court has determined that the person is an appropriatecandidate to participate in a pre-conviction forensic diversionprogram.
(5) The person has been accepted into a pre-conviction forensicdiversion program.
(b) Before an eligible person is permitted to participate in apre-conviction forensic diversion program, the court shall advise theperson of the following:
(1) Before the individual is permitted to participate in theprogram, the individual will be required to enter a guilty plea tothe offense with which the individual has been charged.
(2) The court will stay entry of the judgment of convictionduring the time in which the individual is successfullyparticipating in the program. If the individual stops successfullyparticipating in the program, or does not successfully completethe program, the court will lift its stay, enter a judgment ofconviction, and sentence the individual accordingly.
(3) If the individual participates in the program, the individualmay be required to remain in the program for a period not toexceed three (3) years.
(4) During treatment the individual may be confined in aninstitution, be released for treatment in the community, receivesupervised aftercare in the community, or may be required toreceive a combination of these alternatives.
(5) If the individual successfully completes the forensicdiversion program, the court will waive entry of the judgmentof conviction and dismiss the charges.
(6) The court shall determine, after considering a report fromthe forensic diversion program, whether the individual issuccessfully participating in or has successfully completed the
program.
(c) Before an eligible person may participate in a pre-convictionforensic diversion program, the person must plead guilty to theoffense with which the person is charged.
(d) Before an eligible person may be admitted to a facility underthe control of the division of mental health and addiction, theindividual must be committed to the facility under IC 12-26.
(e) After the person has pleaded guilty, the court shall stay entryof judgment of conviction and place the person in the pre-convictionforensic diversion program for not more than:
(1) two (2) years, if the person has been charged with amisdemeanor; or
(2) three (3) years, if the person has been charged with a felony.
(f) If, after considering the report of the forensic diversionprogram, the court determines that the person has:
(1) failed to successfully participate in the forensic diversionprogram, or failed to successfully complete the program, thecourt shall lift its stay, enter judgment of conviction, andsentence the person accordingly; or
(2) successfully completed the forensic diversion program, thecourt shall waive entry of the judgment of conviction anddismiss the charges.
As added by P.L.85-2004, SEC.3. Amended by P.L.192-2007, SEC.6.
IC 11-12-3.7-12
Eligibility for post-conviction forensic diversion; probation;nonsuspendible sentences; consequences of successful orunsuccessful participation
Sec. 12. (a) A person is eligible to participate in a post-convictionforensic diversion program only if the person meets the followingcriteria:
(1) The person has a mental illness, an addictive disorder, orboth a mental illness and an addictive disorder.
(2) The person has been convicted of an offense that is:
(A) not a violent offense; and
(B) not a drug dealing offense.
(3) The person does not have a conviction for a violent offensein the previous ten (10) years.
(4) The court has determined that the person is an appropriatecandidate to participate in a post-conviction forensic diversionprogram.
(5) The person has been accepted into a post-convictionforensic diversion program.
(b) If the person meets the eligibility criteria described insubsection (a) and has been convicted of an offense that may besuspended, the court may:
(1) suspend all or a portion of the person's sentence;
(2) place the person on probation for the suspended portion ofthe person's sentence; and
(3) require as a condition of probation that the person
successfully participate in and successfully complete thepost-conviction forensic diversion program.
(c) If the person meets the eligibility criteria described insubsection (a) and has been convicted of an offense that isnonsuspendible, the court may:
(1) order the execution of the nonsuspendible sentence; and
(2) stay execution of all or part of the nonsuspendible portionof the sentence pending the person's successful participation inand successful completion of the post-conviction forensicdiversion program.
The court shall treat the suspendible portion of a nonsuspendiblesentence in accordance with subsection (b).
(d) The person may be required to participate in thepost-conviction forensic diversion program for no more than:
(1) two (2) years, if the person has been charged with amisdemeanor; or
(2) three (3) years, if the person has been charged with a felony.
The time periods described in this section only limit the amount oftime a person may spend in the forensic diversion program and donot limit the amount of time a person may be placed on probation.
(e) If, after considering the report of the forensic diversionprogram, the court determines that a person convicted of an offensethat may be suspended has failed to successfully participate in theforensic diversion program, or has failed to successfully complete theprogram, the court may do any of the following:
(1) Revoke the person's probation.
(2) Order all or a portion of the person's suspended sentence tobe executed.
(3) Modify the person's sentence.
(4) Order the person to serve all or a portion of the person'ssuspended sentence in:
(A) a work release program established by the departmentunder IC 11-10-8 or IC 11-10-10; or
(B) a county work release program under IC 11-12-5.
(f) If, after considering the report of the forensic diversionprogram, the court determines that a person convicted of anonsuspendible offense failed to successfully participate in theforensic diversion, or failed to successfully complete the program,the court may do any of the following:
(1) Lift its stay of execution of the nonsuspendible portion ofthe sentence and remand the person to the department.
(2) Order the person to serve all or a portion of thenonsuspendible portion of the sentence that is stayed in:
(A) a work release program established by the departmentunder IC 11-10-8 or IC 11-10-10; or
(B) a county work release program under IC 11-12-5.
(3) Modify the person's sentence.
However, if the person failed to successfully participate in theforensic diversion program, or failed to successfully complete theprogram while serving the suspendible portion of a nonsuspendible
sentence, the court may treat the suspendible portion of the sentencein accordance with subsection (e).
(g) If, after considering the report of the forensic diversionprogram, the court determines that a person convicted of anonsuspendible offense has successfully completed the program, thecourt shall waive execution of the nonsuspendible portion of theperson's sentence.
As added by P.L.85-2004, SEC.3. Amended by P.L.39-2006, SEC.1;P.L.192-2007, SEC.7.
IC 11-12-3.7-13
Forensic diversion program account
Sec. 13. (a) As used in this section, "account" means the forensicdiversion program account established as an account within the stategeneral fund by subsection (b).
(b) The forensic diversion program account is established withinthe state general fund to administer and carry out the purposes of thischapter. The department shall administer the account.
(c) The expenses of administering the account shall be paid frommoney in the account.
(d) The treasurer of state shall invest money in the account in thesame manner as other public money may be invested.
(e) Money in the account at the end of the state fiscal year doesnot revert to the state general fund.
(f) The account consists of:
(1) amounts appropriated by the general assembly; and
(2) donations, grants, and money received from any othersource.
(g) The department shall adopt guidelines governing thedisbursement of funds to the advisory board to support the operationof the forensic diversion program.
(h) There is annually appropriated to the department from theaccount an amount sufficient to carry out the purposes of thischapter.
As added by P.L.85-2004, SEC.3.