Indiana § 35-48-4-12.5 Priority enrollment in certain treatment programs; exceptions

Indiana Statutes

§ 35-48-4-12.5 — Priority enrollment in certain treatment programs; exceptions

Indiana § 35-48-4-12.5

Art. 48CONTROLLED SUBSTANCES

Ch. 4Offenses Relating to Controlled Substances

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Bluebook

Ind. Code § 35-48-4-12.5 (2026).

Text

5.

(a)This section applies to a person:

(1)charged with or convicted of a violation of section 6 of this chapter based on the possession of a narcotic drug classified in schedule I or II; and

(2)who was administered an overdose intervention drug (as defined in IC 16-18-2-263.9) for an acute opioid overdose.

(b)Except as provided in subsection (c), a person to whom this section applies is entitled to be enrolled on a priority basis in:

(1)a forensic diversion program (as described in IC 11-12-3.7) providing a treatment plan for a person with an addictive disorder;

(2)a pretrial diversion program offered by the prosecuting attorney that mandates treatment for addictive disorders; or

(3)another county program, including a drug court program, that provides treatment for persons sufferin

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5. (a) This section applies to a person:
(1) charged with or convicted of a violation of section 6 of this
chapter based on the possession of a narcotic drug classified in
schedule I or II; and
(2) who was administered an overdose intervention drug (as
defined in IC 16-18-2-263.9) for an acute opioid overdose.
(b) Except as provided in subsection (c), a person to whom this
section applies is entitled to be enrolled on a priority basis in:
(1) a forensic diversion program (as described in IC 11-12-3.7)
providing a treatment plan for a person with an addictive disorder;
(2) a pretrial diversion program offered by the prosecuting
attorney that mandates treatment for addictive disorders; or
(3) another county program, including a drug court program, that
provides treatment for persons suffering from addictive disorders
who have been charged with or convicted of a drug offense.
(c) A person to whom this section applies is not entitled to
enrollment in a program described in subsection (b) if:
(1) an appropriate program is not available in the county;
(2) the person is not eligible for an appropriate program; or
(3) placement in a program is not appropriate due to the person's
criminal history.