Indiana § 12-23-5-9 - Programs in which defendants ordered to participate

§ 12-23-5-9. Programs in which defendants ordered to participate

Sec. 9. A court may not order a defendant or a convicted individual to complete an alcohol and drug services treatment program under section 2(b)(1) or 6(1) of this chapter unless the court determines that the program in which the individual is to participate is administered by a court under IC 12-23-14 or is certified by the division of mental health and addiction.

[Pre-1992 Revision Citation: 16-13-6.1-15.1(g).]

As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.41; P.L.215-2001, SEC.62.

IC 12-23-6Chapter 6. Repealed[Pre-1992 Revision Citation:

12-23-6-1formerly 16-13-6.1-16.]Repealed by P.L.113-2014, SEC.37.

IC 12-23-6.1Chapter 6.1. Addiction Services

12-23-6.1-1Treatment request by drug abuser or alcoholic

IC 12-23-6.1-1Treatment request by drug abuser or alcoholic Sec. 1. A drug abuser or an alcoholic charged with or convicted of a felony may request treatment under the supervision of the division and upon the consent of the authorities concerned as set forth in IC 12-23-7.1 instead of prosecution or imprisonment, unless any of the following conditions exist:

(1) The offense is a forcible felony or burglary classified as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014).

(2) The defendant has a record that includes at least two (2) prior convictions for forcible felonies or a burglary classified as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014).

(3) Other criminal proceedings, not arising out of the same incident, alleging commission of a felony are pending against the defendant.

(4) The defendant was admitted to a treatment program under IC 12-23-7 or IC 12-23-8 (before their repeal) or under IC 12-23-7.1 or IC 12-23-8.1 (after June 30, 2015) on two (2) or more prior occasions within the preceding two (2) years.

As added by P.L.187-2015, SEC.14.

IC 12-23-7Chapter 7. Repealed[Pre-1992 Revision Citations:

12-23-7-1formerly 16-13-6.1-17(a) part12-23-7-2formerly 16-13-6.1-17(a) part12-23-7-3formerly 16-13-6.1-17(b) part12-23-7-4formerly 16-13-6.1-17(b) part12-23-7-5formerly 16-13-6.1-17(b) part12-23-7-6formerly 16-13-6.1-17(b) part12-23-7-7formerly 16-13-6.1-17(b) part12-23-7-8formerly 16-13-6.1-17(b) part12-23-7-9formerly 16-13-6.1-l7(b) part12-23-7-10formerly 16-13-6.1-17(b) part12-23-7-11formerly 16-13-6.1-17(c) part12-23-7-12formerly 16-13-6.1-17(c) part12-23-7-13formerly 16-13-6.1-17(c) part12-23-7-14formerly 16-13-6.1-17(d).]Repealed by P.L.113-2014, SEC.38.

IC 12-23-7.1Chapter 7.1. Continuance of Prosecution After Criminal Charge

12-23-7.1-1Treatment request by drug abuser or alcoholic; requirements 12-23-7.1-2Treatment conditions and duties 12-23-7.1-3Examination of individual requesting treatment 12-23-7.1-4Denial of treatment request 12-23-7.1-5Court duties 12-23-7.1-6Division report to court 12-23-7.1-7Court determination; individual to answer charge 12-23-7.1-8Court deferral; consent of prosecuting attorney 12-23-7.1-9Progress reports 12-23-7.1-10Division acceptance 12-23-7.1-11Criminal charge; continued or dismissed 12-23-7.1-12Resumption of criminal proceeding 12-23-7.1-13Accrued time 12-23-7.1-14Release requirements

IC 12-23-7.1-1Treatment request by drug abuser or alcoholic; requirements Sec. 1. If:

(1) a court has reason to believe that an individual charged with an offense is a drug abuser or an alcoholic or the individual states that the individual is a drug abuser or an alcoholic;

(2) the court finds that the individual is eligible to make the request for treatment provided for in IC 12-23-6.1; and

(3) the defendant is not disqualified under IC 12-23-6.1-1;

the court may advise the individual that the prosecution of the charge may be continued if the individual requests to undergo treatment and is accepted for treatment by the division.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-2Treatment conditions and duties Sec. 2. In offering an individual an opportunity to request treatment, the court shall advise the individual of the following:

(1) If the individual requests to undergo treatment and is accepted, the individual may be placed under the supervision of the division for a period not to exceed three (3) years.

(2) During treatment the individual may be confined in an institution or, at the discretion of the division, the individual may be released for treatment or supervised aftercare in the community.

(3) If the individual completes treatment, the charge will be dismissed, 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 a speedy trial and constitutes a formal waiver of Criminal Rule 4 concerning discharge for delay in criminal trials.

(5) To make a request the individual must waive a jury trial and consent to a trial by the court or must enter a guilty plea, with the general finding to be entered by the court to be deferred until the time that prosecution may be resumed.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-3Examination of individual requesting treatment Sec. 3. If an eligible individual requests to undergo treatment, the court may order the division to conduct an examination of the individual to determine whether the individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-4Denial of treatment request Sec. 4. The court may deny a request if after conducting a pretrial or preplea investigation the court finds the individual would not qualify under the criteria of the court to be released on probation if convicted.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-5Court duties Sec. 5. If a request is granted, the court shall do the following:

(1) Certify to the division that the individual may request treatment.

(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 investigations conducted by or for the court.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-6Division report to court Sec. 6. Within a reasonable time after receiving an order to conduct an examination, together with the court's certification of eligibility and required supporting documents, the division shall report to the court the results of the examination and recommend if an individual should be placed under supervision for treatment.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-7Court determination; individual to answer charge Sec. 7. If the court, acting on the report and other information coming 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 through treatment;

the individual may be held to answer the charge.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-8Court deferral; consent of prosecuting attorney Sec. 8. If the court determines that an individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment, the court 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 division for treatment for a maximum of three (3) years.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-9Progress reports Sec. 9. The court may require progress reports on an individual that the court finds necessary.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-10Division acceptance Sec. 10. An individual may not be placed under the supervision of the division for treatment under this chapter unless the division accepts the individual for treatment.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-11Criminal charge; continued or dismissed Sec. 11. If an individual is placed under the supervision of the division for treatment under this chapter, the criminal charge against the individual shall be:

(1) continued without final disposition; and

(2) dismissed if the division certifies to the court that the individual has successfully completed the treatment program.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-12Resumption of criminal proceeding Sec. 12. (a) If by the expiration of the supervisory period the division has not been able to certify that an individual has completed the treatment program, the pending proceeding may be resumed upon motion of the prosecuting attorney.

(b) If, before the supervisory period expires, the division determines that further treatment of the individual is not likely to be successful, the division shall so advise the court. The court shall terminate the supervision, and the pending criminal proceeding may be resumed upon motion of the prosecuting attorney.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-13Accrued time Sec. 13. If a criminal proceeding is resumed and the individual subsequently completes the treatment program, the individual is entitled to accrued time for the time spent in institutional care.

As added by P.L.187-2015, SEC.15.

IC 12-23-7.1-14Release requirements Sec. 14. The division may not release an offender under section 2(2) of this chapter to an alcohol and drug services treatment program that is not a program administered by a court under IC 12-23-14 or that has not complied with the certification requirements of the division of mental health and addiction.

As added by P.L.187-2015, SEC.15.

IC 12-23-8Chapter 8. Repealed[Pre-1992 Revision Citations:

12-23-8-1formerly 16-13-6.1-18(a) part12-23-8-2formerly 16-13-6.1-18(a) part12-23-8-3formerly 16-13-6.1-18(b) part12-23-8-4formerly 16-13-6.1-18(b) part12-23-8-5formerly 16-13-6.1-18(b) part12-23-8-6formerly 16-13-6.1-18(b) part12-23-8-7formerly 16-13-6.1-18(b) part12-23-8-8formerly 16-13-6.1-18(b) part12-23-8-9formerly 16-13-6.1-18(b) part12-23-8-10formerly 16-13-6.1-18(b) part12-23-8-11formerly 16-13-6.1-18(c).]Repealed by P.L.113-2014, SEC.39.

IC 12-23-8.1Chapter 8.1. Treatment and Probation Following Criminal Conviction

12-23-8.1-1Probation; request for treatment 12-23-8.1-2Conditions of probation 12-23-8.1-3Examination by division 12-23-8.1-4Denial of request 12-23-8.1-5Court certification to division 12-23-8.1-6Court duties 12-23-8.1-7Division duties; report and recommendation 12-23-8.1-8Court determination; sentencing of individual 12-23-8.1-9Court determination; placement of individual on probation 12-23-8.1-10Division acceptance of individual 12-23-8.1-11Probation violation

IC 12-23-8.1-1Probation; request for treatment Sec. 1. If:

(1) a court has reason to believe that an individual convicted of an offense is a drug abuser or an alcoholic or the individual states that the individual is a drug abuser or an alcoholic; and

(2) the court finds that the individual is eligible to make the request for treatment provided for under IC 12-23-6.1;

the court may advise the individual that the individual may be placed on probation, subject to any mandatory minimum or nonsuspendible sentence imposed on the individual, if the individual requests to undergo treatment and is accepted for treatment by the division.

As added by P.L.187-2015, SEC.16.

IC 12-23-8.1-2Conditions of probation Sec. 2. (a) In offering an individual an opportunity to request treatment, the court shall advise the individual of what may be required of the individual under IC 35-38-2-2.3 as conditions of probation.

(b) The court may certify an individual for treatment while on probation regardless of the failure of the individual to request treatment.

As added by P.L.187-2015, SEC.16.

IC 12-23-8.1-3Examination by division Sec. 3. If an individual requests to undergo treatment or is certified for treatment, the court may order an examination by the division to determine whether the individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment.

As added by P.L.187-2015, SEC.16.

IC 12-23-8.1-4Denial of request Sec. 4. The court may deny the request if after conducting a presentence investigation the court finds that the individual would not qualify under criteria of the court to be released on probation.

As added by P.L.187-2015, SEC.16.

IC 12-23-8.1-5Court certification to division Sec. 5. If a request is granted, the court shall certify to the division that the individual may request treatment.

As added by P.L.187-2015, SEC.16.

IC 12-23-8.1-6Court duties Sec. 6. The court shall do the following:

(1) Transmit to the division a summary of an individual's criminal history.

(2) Transmit to the division a copy of the reports on all background and presentence investigations conducted by or for the court.

As added by P.L.187-2015, SEC.16.

IC 12-23-8.1-7Division duties; report and recommendation Sec. 7. Within a reasonable time after receiving an order to conduct an examination and after the court submits the required supporting documents and certification of eligibility, the division shall do the following:

(1) Report to the court the results of the examination.

(2) Recommend whether the individual should be placed on probation and supervision for treatment.

As added by P.L.187-2015, SEC.16.

IC 12-23-8.1-8Court determination; sentencing of individual Sec. 8. If the court, acting on a report and other information coming 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 through treatment;

the court shall sentence the individual as in other cases.

As added by P.L.187-2015, SEC.16.

IC 12-23-8.1-9Court determination; placement of individual on probation Sec. 9. If the court determines that an individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment, the court may do the following:

(1) Place the individual on probation under IC 35-38-2 and under the supervision of the division for treatment.

(2) Require progress reports on the individual from the probation officer and the division that the court finds necessary.

As added by P.L.187-2015, SEC.16.

IC 12-23-8.1-10Division acceptance of individual Sec. 10. An individual may not be placed under supervision unless the division accepts the individual for treatment.

As added by P.L.187-2015, SEC.16.

IC 12-23-8.1-11Probation violation Sec. 11. (a) Failure of an individual placed on probation and under the treatment supervision of the division to observe the requirements set down by the division constitutes a violation of a condition of probation.

(b) A failure shall be reported by the division to the probation officer in charge of the individual and treated in accordance with IC 35-38-2-3.

As added by P.L.187-2015, SEC.16.

IC 12-23-9Chapter 9. Voluntary Treatment by Division for Alcoholics

12-23-9-1Application for treatment; minors 12-23-9-2Examination by physician 12-23-9-3Admission; referral; transportation 12-23-9-4Incapacitation by alcohol; length of detention 12-23-9-5Notification of family or next of kin 12-23-9-6Determination by administrator of persons to be admitted; referral to another facility; rules 12-23-9-7Patients leaving facility; outpatient and intermediate treatment; assistance 12-23-9-8Police officer taking custody of intoxicated individual; immunity from liability