Indiana Code 12-23-6.1-1. Treatment request by drug abuser or alcoholic
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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 IC 12-23-7.1 instead of prosecution or imprisonment, unless any of the following conditions exist:
For details, see Ind. Code § 35-50-2-5.5
(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).
(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).
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 4 felony | between 2 and 12 years | up to $10,000 |
Terms Used In Indiana Code 12-23-6.1-1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(3) Other criminal proceedings, not arising out of the same incident, alleging commission of a felony are pending against the defendant.
(4) The defendant was admitted to a treatment program under IC 12-23-7 or IC 12-23-8 (before their repeal) or under IC 12-23-7.1 or IC 12-23-8.1 (after June 30, 2015) on two (2) or more prior occasions within the preceding two (2) years.
As added by P.L.187-2015, SEC.14.