Sec. 1. A drug abuser or an alcoholic charged with or convicted of a felony may request treatment under the supervision of the division and upon the consent of the authorities concerned as set forth in IC 12-23-7.1 instead of prosecution or imprisonment, unless any of the following conditions exist: (1) The offense is a forcible felony or burglary classified as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014). (2) The defendant has a record that includes at least two (2) prior convictions for forcible felonies or a burglary classified as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014). (3) Other criminal proceedings, not arising out of the same incident, alleging commission of a felony are pending against the defendant. (4) The defendant was admitted to a treatment program under IC 12-23-7 or IC 12-23-8 (before their repeal) or under IC 12-23-7.1 or IC 12-23-8.1 (after June 30, 2015) on two (2) or more prior occasions within the preceding two (2) years. IC 12-23-7 Chapter 7. Repealed [Pre-1992 Revision Citations: 12-23-7-1 formerly 16-13-6.1-17(a) part 12-23-7-2 formerly 16-13-6.1-17(a) part 12-23-7-3 formerly 16-13-6.1-17(b) part 12-23-7-4 formerly 16-13-6.1-17(b) part 12-23-7-5 formerly 16-13-6.1-17(b) part 12-23-7-6 formerly 16-13-6.1-17(b) part 12-23-7-7 formerly 16-13-6.1-17(b) part 12-23-7-8 formerly 16-13-6.1-17(b) part 12-23-7-9 formerly 16-13-6.1-l7(b) part 12-23-7-10 formerly 16-13-6.1-17(b) part 12-23-7-11 formerly 16-13-6.1-17(c) part 12-23-7-12 formerly 16-13-6.1-17(c) part 12-23-7-13 formerly 16-13-6.1-17(c) part 12-23-7-14 formerly 16-13-6.1-17(d).] IC 12-23-7.1 Chapter 7.1. Continuance of Prosecution After Criminal Charge 12-23-7.1-1 Treatment request by drug abuser or alcoholic; requirements 12-23-7.1-2 Treatment conditions and duties 12-23-7.1-3 Examination of individual requesting treatment 12-23-7.1-4 Denial of treatment request 12-23-7.1-5 Court duties 12-23-7.1-6 Division report to court 12-23-7.1-7 Court determination; individual to answer charge 12-23-7.1-8 Court deferral; consent of prosecuting attorney 12-23-7.1-9 Progress reports 12-23-7.1-10 Division acceptance 12-23-7.1-11 Criminal charge; continued or dismissed 12-23-7.1-12 Resumption of criminal proceeding 12-23-7.1-13 Accrued time 12-23-7.1-14 Release requirements
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