§ 5-4-904 — Eligibility

(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state. (b) A person charged with a felony is eligible to participate in a pre-adjudication probation program if: (1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and (2) The person is not charged with one (1) of the following criminal offenses: (A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (B) A felony involving violence as listed in § 5-4-501(d)(2) ; (C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or (D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed. (c) (1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program. (2) As used in subdivision (c)(1) of this section, "traffic offense" does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation.

Legislative History

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.