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.
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