IC 12-23-6
    Chapter 6. Request for Treatment After Charge or Conviction ofCertain Felonies

IC 12-23-6-1
Drug abusers and alcoholics charged with or convicted of felonies;requests for treatment
    
Sec. 1. A drug abuser or an alcoholic charged with or convictedof a felony may request treatment under the supervision of thedivision and upon the consent of the authorities concerned as setforth in this chapter instead of prosecution or imprisonment, unlessany of the following conditions exist:
        (1) The offense is a forcible felony or burglary classified as aClass A or Class B felony.
        (2) The defendant has a record that includes at least two (2)prior convictions for forcible felonies or a burglary classified asa Class A or Class B felony.
        (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 request.
        (5) The defendant was admitted to a treatment program underIC 12-23-7 or IC 12-23-8 on two (2) prior occasions within thepreceding two (2) years.
As added by P.L.2-1992, SEC.17. Amended by P.L.17-2001, SEC.1.