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.
Structure Indiana Code
Article 23. Addiction Services
Chapter 7.1. Continuance of Prosecution After Criminal Charge
12-23-7.1-1. Treatment Request by Drug Abuser or Alcoholic; Requirements
12-23-7.1-2. Treatment Conditions and Duties
12-23-7.1-3. Examination of Individual Requesting Treatment
12-23-7.1-4. Denial of Treatment Request
12-23-7.1-6. Division Report to Court
12-23-7.1-7. Court Determination; Individual to Answer Charge
12-23-7.1-8. Court Deferral; Consent of Prosecuting Attorney
12-23-7.1-10. Division Acceptance
12-23-7.1-11. Criminal Charge; Continued or Dismissed