IC 12-23-5
    Chapter 5. Conditional Deferment of Judicial Proceedings AfterCommission of Misdemeanor or Infraction

IC 12-23-5-0.5
Applicability after June 30, 2005
    Sec. 0.5. After June 30, 2005, this chapter does not apply to aperson who:
        (1) holds a commercial driver's license; and
        (2) has been charged with an offense involving the operation ofa motor vehicle in accordance with the federal Motor CarrierSafety Improvement Act of 1999 (MCSIA) (Public Law106-159.113 Stat. 1748).
As added by P.L.219-2003, SEC.10.

IC 12-23-5-1
Judicial notice of rehabilitative or other treatment
    Sec. 1. In a criminal proceeding for a misdemeanor or infractionin which:
        (1) the use or abuse of alcohol, drugs, or harmful substances isa contributing factor or a material element of the offense; or
        (2) the defendant's mental illness other than substance abuse, isa contributing factor;
the court may take judicial notice of the fact that proper earlyintervention, medical, advisory, or rehabilitative treatment of thedefendant is likely to decrease the defendant's tendency to engage inantisocial behavior.
As added by P.L.2-1992, SEC.17. Amended by P.L.224-2003,SEC.125; P.L.85-2004, SEC.4.

IC 12-23-5-2
Deferral of prosecution; order requiring treatment; conditions
    Sec. 2. (a) Subject to section 8 of this chapter, before convictiona court may, with the consent of the defendant and the prosecutingattorney, conditionally defer the proceedings described in section 1of this chapter for up to one (1) year.
    (b) The court may do the following:
        (1) Order the defendant to satisfactorily complete an alcoholand drug services treatment program if the court makes adetermination under section 1(1) of this chapter.
        (2) Order the defendant to undergo treatment for the defendant'smental illness if the court makes a determination under section1(2) of this chapter.
        (3) Impose other appropriate conditions upon the defendant.
As added by P.L.2-1992, SEC.17.

IC 12-23-5-3
Violation of condition; resumption of criminal proceedings
    Sec. 3. If a defendant violates a condition imposed by the court,the court may order the criminal proceedings to be resumed.As added by P.L.2-1992, SEC.17.

IC 12-23-5-4
Fulfillment of conditions; dismissal of charges
    Sec. 4. Except as provided in section 8 of this chapter, if adefendant fulfills the conditions set by the court, the court shalldismiss the charges against the defendant.
As added by P.L.2-1992, SEC.17.

IC 12-23-5-5
Conditional deferral of charges under IC 9-30-5; suspension ofdriving privileges; probationary driving privileges; ignitioninterlock device
    Sec. 5. (a) Subject to subsection (b), if a court enters an orderconditionally deferring charges that involve a violation of IC 9-30-5,the court shall do the following:
        (1) Suspend the defendant's driving privileges for at least ninety(90) days but not more than two (2) years.
        (2) Impose other appropriate conditions.
    (b) A defendant may be granted probationary driving privilegesonly after the defendant's license has been suspended for at leastthirty (30) days under IC 9-30-6-9.
    (c) If a defendant has at least one (1) conviction for an offenseunder IC 9-30-5, the order granting probationary driving privilegesunder subsection (b) must, in a county that provides for theinstallation of an ignition interlock device under IC 9-30-8, prohibitthe defendant from operating a motor vehicle unless the motorvehicle is equipped with a functioning certified ignition interlockdevice under IC 9-30-8.
    (d) If a defendant does not have a prior conviction for an offenseunder IC 9-30-5, the court may, as an alternative to a licensesuspension under subsection (a)(1), issue an order prohibiting thedefendant from operating a motor vehicle unless the motor vehicleis equipped with a functioning certified ignition interlock deviceunder IC 9-30-8. An order requiring an ignition interlock device mustremain in effect for at least two (2) years but not more than four (4)years.
As added by P.L.2-1992, SEC.17. Amended by P.L.76-2004, SEC.21.

IC 12-23-5-5.5
Offenses; operating motor vehicle without ignition interlock device
    Sec. 5.5. (a) A person commits a Class B infraction if the person:
        (1) operates a motor vehicle without a functioning certifiedignition interlock device; and
        (2) is prohibited from operating a motor vehicle unless themotor vehicle is equipped with a functioning certified ignitioninterlock device under section 5(d) of this chapter.
    (b) A person commits a Class B misdemeanor if the person:
        (1) operates a motor vehicle without a functioning certifiedignition interlock device; and        (2) knows the person is prohibited from operating a motorvehicle unless the motor vehicle is equipped with a functioningcertified ignition interlock device under section 5(d) of thischapter.
As added by P.L.76-2004, SEC.22.

IC 12-23-5-6
Misdemeanor convictions; probation; referring defendant totreatment or therapy program
    Sec. 6. If a defendant is convicted in a proceeding described insection 1 of this chapter and the court places the defendant onprobation, the court may do the following:
        (1) Refer the defendant to an alcohol and drug servicestreatment program if the court makes a determination undersection 1(1) of this chapter.
        (2) Refer the defendant to an appropriate therapy program if thecourt makes a determination under section 1(2) of this chapter.
        (3) Require the defendant to undergo treatment as a conditionof probation.
As added by P.L.2-1992, SEC.17.

IC 12-23-5-7
Exceptions to eligibility for deferral
    Sec. 7. Prosecution may be deferred under sections 2 through 5 ofthis chapter if a defendant has been charged with a misdemeanor orinfraction in which the use of alcohol or drugs was a contributingfactor or material element of the offense or the defendant's mentalillness was a contributing factor, unless at least one (1) of thefollowing exists:
        (1) The offense involves death or serious bodily injury.
        (2) The defendant has a record of at least two (2) priorconvictions of forcible felonies (as defined in IC 35-41-1).
        (3) Other criminal proceedings, not arising out of the sameincident, alleging commission of a felony are pending againstthe defendant.
        (4) The defendant is on probation or parole and the appropriateparole or probation authority does not consent to the defendant'sparticipation.
        (5) The defendant fails to meet additional eligibilityrequirements imposed by the court.
As added by P.L.2-1992, SEC.17.

IC 12-23-5-8
Exception to eligibility for deferral; previous dismissal under thischapter of charges of operating vehicle while intoxicated
    Sec. 8. If:
        (1) a defendant was previously charged under IC 9-4-1-54(before its repeal September 1, 1983), IC 9-11-2 (before itsrepeal July 1, 1991), or IC 9-30-5; and
        (2) the previous charges were dismissed under this chapter;the individual is not eligible to have subsequent charges underIC 9-30-5 dismissed under this chapter.
As added by P.L.2-1992, SEC.17.

IC 12-23-5-9
Programs in which defendants ordered to participate
    Sec. 9. A court may not order a defendant or a convictedindividual to complete an alcohol and drug services treatmentprogram under section 2(b)(1) or 6(1) of this chapter unless the courtdetermines that the program in which the individual is to participateis administered by a court under IC 12-23-14 or is certified by thedivision of mental health and addiction.
As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.41;P.L.215-2001, SEC.62.