§ 33-23-16-15 — Individuals with nonsuspendible sentences

(a) A problem solving court may place an
individual in a problem solving court program under this section if the
individual is convicted of an offense that is nonsuspendible and the
individual meets the conditions for eligibility set forth in section 13(1)
and 13(2) of this chapter.
(b) If the requirements of subsection (a) are met, the court may:
(1) order the execution of the individual's nonsuspendible
sentence and stay execution of all or part of the nonsuspendible
part of the individual's sentence pending the individual's
successful completion of a problem solving court program; and
(2) suspend all or part of the suspendible part of the individual's
nonsuspendible sentence, place the individual on probation for
the suspended part of the sentence, and require as a condition of
probation that the person successfully complete a problem solving
court program.
(c) If an individual has been terminated from a problem solving
court program under this section as provided in section 14.5 of this
chapter, the court may:
(1) if the person is serving the nonsuspendible part of the person's
sentence:
(A) lift the stay of execution of the nonsuspendible part of the
individual's sentence and order the individual to serve all or a
part of the nonsuspendible sentence; or
(B) otherwise dispose of the case; or
(2) if the individual is serving the suspendible part of the
individual's sentence:
(A) order all or a part of the individual's suspendible sentence
to be executed; or
(B) otherwise dispose of the case.
(d) If an individual successfully completes a problem solving court
program under this section, the court may:
(1) waive execution of the nonsuspendible part of the individual's
sentence; or
(2) otherwise dispose of the case.

Legislative History

As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011, SEC.6; P.L.136-2012, SEC.8.