Sec. 15. (a) A problem solving court may place an individual in a problem solving court program under this section if the individual is convicted of an offense that is nonsuspendible and the individual meets the conditions for eligibility set forth in section 13(1) and 13(2) of this chapter.
(b) If the requirements of subsection (a) are met, the court may:
(1) order the execution of the individual's nonsuspendible sentence and stay execution of all or part of the nonsuspendible part of the individual's sentence pending the individual's successful completion of a problem solving court program; and
(2) suspend all or part of the suspendible part of the individual's nonsuspendible sentence, place the individual on probation for the suspended part of the sentence, and require as a condition of probation that the person successfully complete a problem solving court program.
(c) If an individual has been terminated from a problem solving court program under this section as provided in section 14.5 of this chapter, the court may:
(1) if the person is serving the nonsuspendible part of the person's sentence:
(A) lift the stay of execution of the nonsuspendible part of the individual's sentence and order the individual to serve all or a part of the nonsuspendible sentence; or
(B) otherwise dispose of the case; or
(2) if the individual is serving the suspendible part of the individual's sentence:
(A) order all or a part of the individual's suspendible sentence to be executed; or
(B) otherwise dispose of the case.
(d) If an individual successfully completes a problem solving court program under this section, the court may:
(1) waive execution of the nonsuspendible part of the individual's sentence; or
(2) otherwise dispose of the case.
As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011, SEC.6; P.L.136-2012, SEC.8.
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