Indiana Statutes
§ 12-23-5-7 — Exceptions to eligibility for deferral
Prosecution may be deferred under sections 2 through 5 of this chapter if a defendant has been charged with a misdemeanor or infraction in which the use of alcohol or drugs was a contributing factor or material element of the offense or the defendant's mental illness was a contributing factor, unless at least one (1) of the following exists:
(1)The offense involves death or serious bodily injury.
(2)The defendant has a record of at least two (2) prior
convictions of forcible felonies (as defined in IC 35-31.5-2-138).
(3)Other criminal proceedings, not arising out of the same
incident, alleging commission of a felony are pending against the
defendant.
(4)The defendant is on probation or parole and the appropriate
parole or probation authority does not consent to the defendant's
particip
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Indiana § 12-23-5-7 (Exceptions to eligibility for deferral) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
As added by P.L.2-1992, SEC.17. Amended by P.L.114-2012,
SEC.32.
Nearby Sections
15
§ 12-10-1-1
Establishment of bureau§ 12-10-1-2
Purpose§ 12-10-1-3
Administration of programs§ 12-10-1-4
Duties§ 12-10-1-5
Coordination of services with area agencies§ 12-10-1-6
Area agencies; duties; coverage area changes§ 12-10-10-1
"Case management"§ 12-10-10-1.5
"Activities of daily living"§ 12-10-10-10
Services funding; source§ 12-10-10-12
Negotiation of reimbursement rates§ 12-10-10-2
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