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 requestfor treatment is made; reason to believe individual is drug abuseror alcoholic; eligibility to make request under IC 12-23-6
    Sec. 1. If:
        (1) a court has reason to believe that an individual charged witha felony is a drug abuser or an alcoholic or the individual statesthat the individual is a drug abuser or an alcoholic; and
        (2) the court finds that the individual is eligible to make therequest for treatment provided for in IC 12-23-6;
the court may advise the individual that the prosecution of the chargemay be continued if the individual requests to undergo treatment andis 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; requiredinformation
    Sec. 2. In offering an individual an opportunity to requesttreatment, the court shall advise the individual of the following:
        (1) If the individual requests to undergo treatment and isaccepted, the individual may be placed under the supervision ofthe division for a period not to exceed three (3) years.
        (2) During treatment the individual may be confined in aninstitution or, at the discretion of the division, the individualmay be released for treatment or supervised aftercare in thecommunity.
        (3) If the individual completes treatment, the charge will bedismissed, 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 aspeedy trial.
        (5) To make a request the individual must waive a jury trial andconsent to a trial by the court or must enter a guilty plea, withthe general finding to be entered by the court to be deferreduntil 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; determinationwhether individual is alcoholic or drug abuser; likelihood ofrehabilitation
    Sec. 3. If an eligible individual requests to undergo treatment, thecourt may order the division to conduct an examination of theindividual to determine whether the individual is a drug abuser or analcoholic 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 pretrialor preplea investigation the court finds the individual would notqualify under the criteria of the court to be released on probation ifconvicted.
As added by P.L.2-1992, SEC.17.

IC 12-23-7-5
Grant of request; certification to division; transmission ofinformation
    Sec. 5. If a request is granted, the court shall do the following:
        (1) Certify to the division that the individual may requesttreatment.
        (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 investigationsconducted 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 toconduct an examination, together with the court's certification ofeligibility and required supporting documents, the division shallreport to the court the results of the examination and recommend ifan 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 isnot likely to be rehabilitated through treatment
    Sec. 7. If the court, acting on the report and other informationcoming 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 throughtreatment;
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 ofprosecuting attorney
    Sec. 8. If the court determines that an individual is a drug abuseror an alcoholic and is likely to be rehabilitated through treatment, thecourt 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 divisionfor 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 individualthat 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 ofthe division for treatment under this chapter unless the divisionaccepts the individual for treatment.
As added by P.L.2-1992, SEC.17.

IC 12-23-7-11
Treatment placement; continuation or dismissal of criminalcharges
    Sec. 11. If an individual is placed under the supervision of thedivision for treatment under this chapter, the criminal charge againstthe individual shall be:
        (1) continued without final disposition; and
        (2) dismissed if the division certifies to the court that theindividual 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 willcomplete program; determination that treatment not likely to besuccessful; resumption or dismissal of pending proceeding
    Sec. 12. (a) Subject to subsection (b), if by the expiration of thesupervisory period the division has not been able to certify that anindividual has completed the treatment program, the pendingproceeding may be resumed.
    (b) If the court believes that the individual will complete thetreatment on a voluntary basis, the court may dismiss the criminalcharge.
    (c) If, before the supervisory period expires, the divisiondetermines that further treatment of the individual is not likely to besuccessful, the division shall so advise the court. The court shallterminate the supervision, and the pending criminal proceeding maybe resumed.
As added by P.L.2-1992, SEC.17.

IC 12-23-7-13
Term of imprisonment; deduction of time spent in institutionalcare    Sec. 13. If a criminal proceeding is resumed, time spent ininstitutional care shall be deducted from a fixed term ofimprisonment 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 section2(2) of this chapter to an alcohol and drug services treatmentprogram that is not a program administered by a court underIC 12-23-14 or that has not complied with the certificationrequirements 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.