Ind. Code ch. 12-23-7.1

in effect

Ind. Code § 12-23-7.1-1 Treatment request by drug abuser or alcoholic; requirements

Sec. 1. If: (1) a court has reason to believe that an individual charged with an offense is a drug abuser or an alcoholic or the individual states that the individual is a drug abuser or an alcoholic; (2) the court finds that the individual is eligible to make the request for treatment provided for in IC 12-23-6.1; and (3) the defendant is not disqualified under IC 12-23-6.1-1; the court may advise the individual that the prosecution of the charge may be continued if the individual requests to undergo treatment and is accepted for treatment by the division. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-2 Treatment conditions and duties

Sec. 2. In offering an individual an opportunity to request treatment, the court shall advise the individual of the following: (1) If the individual requests to undergo treatment and is accepted, the individual may be placed under the supervision of the division for a period not to exceed three (3) years. (2) During treatment the individual may be confined in an institution or, at the discretion of the division, the individual may be released for treatment or supervised aftercare in the community. (3) If the individual completes treatment, the charge will be dismissed, but if the individual does not complete treatment, prosecution on the charge may be resumed. (4) A request constitutes a formal waiver of the right to a speedy trial and constitutes a formal waiver of Criminal Rule 4 concerning discharge for delay in criminal trials. (5) To make a request the individual must waive a jury trial and consent to a trial by the court or must enter a guilty plea, with the general finding to be entered by the court to be deferred until the time that prosecution may be resumed. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-3 Examination of individual requesting treatment

Sec. 3. If an eligible individual requests to undergo treatment, the court may order the division to conduct an examination of the individual to determine whether the individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-4 Denial of treatment request

Sec. 4. The court may deny a request if after conducting a pretrial or preplea investigation the court finds the individual would not qualify under the criteria of the court to be released on probation if convicted. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-5 Court duties

Sec. 5. If a request is granted, the court shall do the following: (1) Certify to the division that the individual may request treatment. (2) Transmit to the division the following: (A) A summary of the criminal history of the individual. (B) A copy of the report of all background investigations conducted by or for the court. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-6 Division report to court

Sec. 6. Within a reasonable time after receiving an order to conduct an examination, together with the court's certification of eligibility and required supporting documents, the division shall report to the court the results of the examination and recommend if an individual should be placed under supervision for treatment. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-7 Court determination; individual to answer charge

Sec. 7. If the court, acting on the report and other information coming to the court's attention, determines that: (1) an individual is not a drug abuser or an alcoholic; or (2) the individual is not likely to be rehabilitated through treatment; the individual may be held to answer the charge. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-8 Court deferral; consent of prosecuting attorney

Sec. 8. If the court determines that an individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment, the court may, with the consent of the prosecuting attorney: (1) defer the trial; or (2) without a jury, conduct the trial of the individual but may, with the consent of the prosecuting attorney, do the following: (A) Defer entering general findings with respect to the individual until the time that prosecution may be resumed. (B) Place the individual under the supervision of the division for treatment for a maximum of three (3) years. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-9 Progress reports

Sec. 9. The court may require progress reports on an individual that the court finds necessary. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-10 Division acceptance

Sec. 10. An individual may not be placed under the supervision of the division for treatment under this chapter unless the division accepts the individual for treatment. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-11 Criminal charge; continued or dismissed

Sec. 11. If an individual is placed under the supervision of the division for treatment under this chapter, the criminal charge against the individual shall be: (1) continued without final disposition; and (2) dismissed if the division certifies to the court that the individual has successfully completed the treatment program. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-12 Resumption of criminal proceeding

Sec. 12. (a) If by the expiration of the supervisory period the division has not been able to certify that an individual has completed the treatment program, the pending proceeding may be resumed upon motion of the prosecuting attorney. (b) If, before the supervisory period expires, the division determines that further treatment of the individual is not likely to be successful, the division shall so advise the court. The court shall terminate the supervision, and the pending criminal proceeding may be resumed upon motion of the prosecuting attorney. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-13 Accrued time

Sec. 13. If a criminal proceeding is resumed and the individual subsequently completes the treatment program, the individual is entitled to accrued time for the time spent in institutional care. As added by P.L.187-2015, SEC.15.

Ind. Code § 12-23-7.1-14 Release requirements

Sec. 14. The division may not release an offender under section 2(2) of this chapter to an alcohol and drug services treatment program that is not a program administered by a court under IC 12-23-14 or that has not complied with the certification requirements of the division of mental health and addiction. As added by P.L.187-2015, SEC.15.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026