(a)After June 30, 2005, this section does not
apply to a person who:
(1)holds a commercial driver's license; and
(2)has been charged with an offense involving the operation of
a motor vehicle in accordance with the federal Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Public Law
106-159.113 Stat. 1748).
(b)This section does not apply to a person arrested for or charged
with:
(1)an offense under IC 9-30-5-1 through IC 9-30-5-5; or
(2)if a person was arrested or charged with an offense under IC 9-30-5-1 through IC 9-30-5-5, an offense involving:
(B)the operation of a vehicle;
if the offense involving intoxication or the operation of a vehicle was
part of the same episode of criminal conduct as the offense under IC 9-30-5-1 through IC 9-30-5-5.
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(a) After June 30, 2005, this section does not
apply to a person who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of
a motor vehicle in accordance with the federal Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Public Law
106-159.113 Stat. 1748).
(b) This section does not apply to a person arrested for or charged
with:
(1) an offense under IC 9-30-5-1 through IC 9-30-5-5; or
(2) if a person was arrested or charged with an offense under IC 9-30-5-1 through IC 9-30-5-5, an offense involving:
(A) intoxication; or
(B) the operation of a vehicle;
if the offense involving intoxication or the operation of a vehicle was
part of the same episode of criminal conduct as the offense under IC 9-30-5-1 through IC 9-30-5-5.
(c) This section does not apply to a person:
(1) who is arrested for or charged with an offense under:
(A) IC 7.1-5-7-7, if the alleged offense occurred while the
person was operating a motor vehicle;
(B) IC 9-30-4-8, if the alleged offense occurred while the
person was operating a motor vehicle;
(C) IC 35-44.1-2-13(b)(1); or
(D) IC 35-43-1-2(a), if the alleged offense occurred while the
person was operating a motor vehicle; and
(2) who was less than eighteen (18) years of age at the time of the
alleged offense.
(d) A prosecuting attorney may withhold prosecution against an
accused person if:
(1) the person is charged with a misdemeanor, a Level 6 felony,
or a Level 5 felony;
(2) the person agrees to conditions of a pretrial diversion program
offered by the prosecuting attorney;
(3) the terms of the agreement are recorded in an instrument
signed by the person and the prosecuting attorney and filed in the
court in which the charge is pending; and
(4) the prosecuting attorney electronically transmits information
required by the prosecuting attorneys council concerning the
withheld prosecution to the prosecuting attorneys council, in a
manner and format designated by the prosecuting attorneys
council.
(e) An agreement under subsection (d) may include conditions that
the person:
(1) pay to the clerk of the court an initial user's fee and monthly
user's fees in the amounts specified in IC 33-37-4-1;
(2) work faithfully at a suitable employment or faithfully pursue
a course of study or career and technical education that will equip
the person for suitable employment;
(3) undergo available medical treatment or mental health
counseling and remain in a specified facility required for that
purpose, including:
(A) addiction counseling;
(B) inpatient detoxification; and
(C) medication assisted treatment, including a federal Food and
Drug Administration approved long acting, nonaddictive
medication for the treatment of opioid or alcohol dependence;
(4) receive evidence based mental health and addiction,
intellectual disability, developmental disability, autism, and
co-occurring autism and mental illness forensic treatment services
to reduce the risk of recidivism;
(5) support the person's dependents and meet other family
responsibilities;
(6) make restitution or reparation to the victim of the crime for the
damage or injury that was sustained;
(7) refrain from harassing, intimidating, threatening, or having
any direct or indirect contact with the victim or a witness;
(8) report to the prosecuting attorney at reasonable times;
(9) answer all reasonable inquiries by the prosecuting attorney
and promptly notify the prosecuting attorney of any change in
address or employment; and
(10) participate in dispute resolution either under IC 34-57-3 or
a program established by the prosecuting attorney.
(f) An agreement under subsection (d)(2) may include other
provisions, including program fees and costs, reasonably related to the
defendant's rehabilitation, if approved by the court.
(g) The prosecuting attorney shall notify the victim when
prosecution is withheld under this section.
(h) All money collected by the clerk as user's fees or program fees
and costs under this section shall be deposited in the appropriate user
fee fund under IC 33-37-8.
(i) If a court withholds prosecution under this section and the terms
of the agreement contain conditions described in subsection (e)(7):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the office of judicial administration
with the clerk.
[Pre-2004 Recodification Citation: 33-14-1-7.]