This text of Indiana § 11-12-3.7-12 (Eligibility for post-conviction forensic diversion; probation;
nonsuspendible sentences; consequences of successful or unsuccessful
participation) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)A person is eligible to participate in a
post-conviction forensic diversion program only if the person meets the
following criteria:
(1)The person has an intellectual disability, a developmental
disability, an autism spectrum disorder, a mental illness, an
addictive disorder, or a combination of those conditions.
(2)The person has been convicted of an offense that is:
(A)not a violent offense; and
(B)not a drug dealing offense.
(3)The person does not have a conviction for a violent offense in
the previous ten (10) years.
(4)The court has determined that the person is an appropriate
candidate to participate in a post-conviction forensic diversion
program.
(5)The person has been accepted into a post-conviction forensic
diversion program.
(b)If the person meets the eligibility cri
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(a) A person is eligible to participate in a
post-conviction forensic diversion program only if the person meets the
following criteria:
(1) The person has an intellectual disability, a developmental
disability, an autism spectrum disorder, a mental illness, an
addictive disorder, or a combination of those conditions.
(2) The person has been convicted of an offense that is:
(A) not a violent offense; and
(B) not a drug dealing offense.
(3) The person does not have a conviction for a violent offense in
the previous ten (10) years.
(4) The court has determined that the person is an appropriate
candidate to participate in a post-conviction forensic diversion
program.
(5) The person has been accepted into a post-conviction forensic
diversion program.
(b) If the person meets the eligibility criteria described in subsection
(a) and has been convicted of an offense that may be suspended, the
court may:
(1) suspend all or a portion of the person's sentence;
(2) place the person on probation for the suspended portion of the
person's sentence; and
(3) require as a condition of probation that the person successfully
participate in and successfully complete the post-conviction
forensic diversion program.
(c) If the person meets the eligibility criteria described in subsection
(a) and has been convicted of an offense that is nonsuspendible, the
court may:
(1) order the execution of the nonsuspendible sentence; and
(2) stay execution of all or part of the nonsuspendible portion of
the sentence pending the person's successful participation in and
successful completion of the post-conviction forensic diversion
program.
The court shall treat the suspendible portion of a nonsuspendible
sentence in accordance with subsection (b).
(d) The person may be required to participate in the post-conviction
forensic diversion program for no more than:
(1) two (2) years, if the person has been charged with a
misdemeanor; or
(2) three (3) years, if the person has been charged with a felony.
The time periods described in this section only limit the amount of time
a person may spend in the forensic diversion program and do not limit
the amount of time a person may be placed on probation.
(e) If, after considering the report of the forensic diversion program,
the court determines that a person convicted of an offense that may be
suspended has failed to successfully participate in the forensic
diversion program, or has failed to successfully complete the program,
the court may do any of the following:
(1) Revoke the person's probation.
(2) Order all or a portion of the person's suspended sentence to be
executed.
(3) Modify the person's sentence.
(4) Order the person to serve all or a portion of the person's
suspended sentence in:
(A) a work release program established by the department
under IC 11-10-8 or IC 11-10-10; or
(B) a county work release program under IC 11-12-5.
(f) If, after considering the report of the forensic diversion program,
the court determines that a person convicted of a nonsuspendible
offense failed to successfully participate in the forensic diversion
program, or failed to successfully complete the program, the court may
do any of the following:
(1) Lift its stay of execution of the nonsuspendible portion of the
sentence and remand the person to the department.
(2) Order the person to serve all or a portion of the
nonsuspendible portion of the sentence that is stayed in:
(A) a work release program established by the department
under IC 11-10-8 or IC 11-10-10; or
(B) a county work release program under IC 11-12-5.
(3) Modify the person's sentence.
However, if the person failed to successfully participate in the forensic
diversion program, or failed to successfully complete the program
while serving the suspendible portion of a nonsuspendible sentence, the
court may treat the suspendible portion of the sentence in accordance
with subsection (e).
(g) If, after considering the report of the forensic diversion program,
the court determines that a person convicted of a nonsuspendible
offense has successfully completed the program, the court shall waive
execution of the nonsuspendible portion of the person's sentence.