Sec. 14. (a) A court, without entering a judgment of conviction, may defer proceedings against an individual and place the individual in a problem solving court program under this section only if:
(1) the individual meets the conditions for eligibility set forth in section 13(1) and 13(2) of this chapter;
(2) the individual pleads guilty and consents to the referral; and
(3) the judge of the problem solving court, the prosecuting attorney, and the individual all agree upon certain conditions for the individual's participation in the problem solving court program and on the duration of those conditions.
(b) When an individual's participation in a problem solving court program under this section has been terminated as provided under section 14.5 of this chapter, the problem solving court shall:
(1) enter a judgment of conviction against the individual;
(2) refer the individual's case back to the court that referred the case to the problem solving court to allow the referring court to enter a judgment of conviction against the individual; or
(3) otherwise dispose of the case.
(c) If an individual fulfills the conditions established by a problem solving court under subsection (a), the problem solving court shall:
(1) dismiss the charges against the individual;
(2) refer the individual's case back to the court that referred the case to the problem solving court to allow the referring court to dismiss the charges against the individual; or
(3) otherwise dispose of the case.
As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011, SEC.4.
Structure Indiana Code
Title 33. Courts and Court Officers
Article 23. General Provisions
Chapter 16. Problem Solving Courts
33-23-16-4. "Domestic Violence Court"
33-23-16-6. "Family Dependency Drug Court"
33-23-16-7. "Mental Health Court"
33-23-16-8. "Problem Solving Court"
33-23-16-9.1. "Rehabilitative Service"
33-23-16-10. "Veterans' Court"
33-23-16-11. Establishment of a Problem Solving Court
33-23-16-12. Jurisdiction and Eligibility Requirements for Problem Solving Courts
33-23-16-13. Individual Eligibility Requirements
33-23-16-14. Deferred Prosecution
33-23-16-14.5. Termination of Participation
33-23-16-15. Individuals With Nonsuspendible Sentences
33-23-16-16. Certification of Problem Solving Courts; Personnel Certification
33-23-16-17. Duties of the Office of Judicial Administration
33-23-16-19. Petition to Establish a Problem Solving Court
33-23-16-20. Services Provided by a Problem Solving Court
33-23-16-21. Powers of a Problem Solving Court
33-23-16-22. Funding of Problem Solving Courts
33-23-16-24. Chemical Testing; Expenses
33-23-16-24.5. Requirements of Individuals Participating
33-23-16-25. Problem Solving Court Fund
33-23-16-26. No Right to Participate in a Problem Solving Court Program