§ 12-23-5-7 — Exceptions to eligibility for deferral

Indiana § 12-23-5-7

• Jurisdiction: Indiana
• Art. 23: ADDICTION SERVICES
• Ch. 5: Conditional Deferment of Judicial Proceedings After

Text

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
participation.
(5) The defendant fails to meet additional eligibility requirements
imposed by the court.
[Pre-1992 Revision Citation: 16-13-6.1-15.1(e).]

Legislative History

As added by P.L.2-1992, SEC.17. Amended by P.L.114-2012, SEC.32.