2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 23. ADDICTION SERVICES
CHAPTER 6. REQUEST FOR TREATMENT AFTER CHARGE OR CONVICTION OF CERTAIN FELONIES
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IC 12-23-6
Chapter 6. Request for Treatment After Charge or Conviction
of Certain Felonies
IC 12-23-6-1 Version a
Drug abusers and alcoholics charged with or convicted of felonies;
requests for treatment
Note: This version of section effective until 7-1-2014. See also
following version of this section, effective 7-1-2014.
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 this chapter 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.
(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.
(3) Other criminal proceedings, not arising out of the same
incident, alleging commission of a felony are pending against
the defendant.
(4) The defendant is on probation or parole and the appropriate
parole or probation authority does not consent to the request.
(5) The defendant was admitted to a treatment program under
IC 12-23-7 or IC 12-23-8 on two (2) prior occasions within the
preceding two (2) years.
As added by P.L.2-1992, SEC.17. Amended by P.L.17-2001, SEC.1.
IC 12-23-6-1 Version b
Drug abusers and alcoholics charged with or convicted of felonies;
requests for treatment
Note: This version of section effective 7-1-2014. See also
preceding version of this section, effective until 7-1-2014.
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 this chapter 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 is on probation or parole and the appropriate
parole or probation authority does not consent to the request.
(5) The defendant was admitted to a treatment program under
IC 12-23-7 or IC 12-23-8 on two (2) prior occasions within the
preceding two (2) years.
As added by P.L.2-1992, SEC.17. Amended by P.L.17-2001, SEC.1;
P.L.158-2013, SEC.181.
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