IC 12-23-8
    Chapter 8. Treatment and Probation Following Felony Conviction

IC 12-23-8-1
Advising individual of probation for treatment upon request andacceptance by division; reason to believe individual is alcoholic ordrug abuser; eligibility to make request under IC 12-23-6
    Sec. 1. If:
        (1) a court has reason to believe that an individual convicted ofan offense is a drug abuser or an alcoholic or the individualstates that 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 under IC 12-23-6;
the court may advise the individual that the individual may be placedon probation if the individual requests to undergo treatment and isaccepted for treatment by the division.
As added by P.L.2-1992, SEC.17.

IC 12-23-8-2
Advising individual; conditions of probation; failure to requesttreatment; certification despite failure to make request
    Sec. 2. (a) In offering an individual an opportunity to requesttreatment, the court shall advise the individual of what may berequired of the individual under IC 35-38-2-2.3 as conditions ofprobation.
    (b) The court may certify an individual for treatment while onprobation regardless of the failure of the individual to requesttreatment.
As added by P.L.2-1992, SEC.17.

IC 12-23-8-3
Examination by division; determination whether individual isalcoholic or drug abuser; likelihood of rehabilitation
    Sec. 3. If an individual requests to undergo treatment or iscertified for treatment, the court may order an examination by thedivision 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 12-23-8-4
Presentence investigation; denial of request
    Sec. 4. The court may deny the request if after conducting apresentence investigation the court finds that the individual wouldnot qualify under criteria of the court to be released on probation.
As added by P.L.2-1992, SEC.17.

IC 12-23-8-5
Certification to division
    Sec. 5. If a request is granted, the court shall certify to the divisionthat the individual may request treatment.As added by P.L.2-1992, SEC.17.

IC 12-23-8-6
Transmission of information to division
    Sec. 6. The court shall do the following:
        (1) Transmit to the division a summary of an individual'scriminal history.
        (2) Transmit to the division a copy of the reports on allbackground and presentence investigations conducted by or forthe court.
As added by P.L.2-1992, SEC.17.

IC 12-23-8-7
Examination by division; report and recommendation
    Sec. 7. Within a reasonable time after receiving an order toconduct an examination and after the court submits the requiredsupporting documents and certification of eligibility, the divisionshall do the following:
        (1) Report to the court the results of the examination.
        (2) Recommend whether the individual should be placed onprobation and supervision for treatment.
As added by P.L.2-1992, SEC.17.

IC 12-23-8-8
Determination that individual is not alcoholic or drug abuser or isnot likely to be rehabilitated through treatment; sentencing
    Sec. 8. If the court, acting on a 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 court shall sentence the individual as in other cases.
As added by P.L.2-1992, SEC.17.

IC 12-23-8-9
Probationary placement under supervision of division; progressreports
    Sec. 9. If the court determines that an individual is a drug abuseror an alcoholic and is likely to be rehabilitated through treatment, thecourt may do the following:
        (1) Place the individual on probation under IC 35-38-2 andunder the supervision of the division for treatment.
        (2) Require progress reports on the individual from theprobation officer and the division that the court finds necessary.
As added by P.L.2-1992, SEC.17.

IC 12-23-8-10
Placement under supervision; acceptance of individual by division
    Sec. 10. An individual may not be placed under supervision unlessthe division accepts the individual for treatment.As added by P.L.2-1992, SEC.17.

IC 12-23-8-11
Failure to observe requirements set by division; probationviolation
    Sec. 11. (a) Failure of an individual placed on probation and underthe treatment supervision of the division to observe the requirementsset down by the division constitutes a violation of a condition ofprobation.
    (b) A failure shall be reported by the division to the probationofficer in charge of the individual and treated in accordance withIC 35-38-2-3.
As added by P.L.2-1992, SEC.17.