§ 33-23-16-14 — Deferred prosecution

(a) A court, without entering a judgment of
conviction, may defer proceedings against an individual and place the
individual in a problem solving court program under this section only
if:
(1) the individual meets the conditions for eligibility set forth in
section 13(1) and 13(2) of this chapter;
(2) the individual pleads guilty and consents to the referral; and
(3) the judge of the problem solving court, the prosecuting
attorney, and the individual all agree upon certain conditions for
the individual's participation in the problem solving court
program and on the duration of those conditions.
(b) When an individual's participation in a problem solving court
program under this section has been terminated as provided under
section 14.5 of this chapter, the problem solving court shall:
(1) enter a judgment of conviction against the individual;
(2) refer the individual's case back to the court that referred the
case to the problem solving court to allow the referring court to
enter a judgment of conviction against the individual; or
(3) otherwise dispose of the case.
(c) If an individual fulfills the conditions established by a problem
solving court under subsection (a), the problem solving court shall:
(1) dismiss the charges against the individual;
(2) refer the individual's case back to the court that referred the
case to the problem solving court to allow the referring court to
dismiss the charges against the individual; or
(3) otherwise dispose of the case.

Legislative History

As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011, SEC.4.