CHAPTER 8. TREATMENT AND PROBATION FOLLOWING FELONY CONVICTION
IC 12-23-8
Chapter 8. Treatment and Probation Following Felony Conviction
IC 12-23-8-1
Advising individual of probation for treatment upon request and
acceptance by division; reason to believe individual is alcoholic or
drug abuser; eligibility to make request under IC 12-23-6
Sec. 1. If:
(1) a court has reason to believe that an individual convicted of
an offense is a drug abuser or an alcoholic or the individual
states that the individual is a drug abuser or an alcoholic; and
(2) the court finds that the individual is eligible to make the
request for treatment provided for under IC 12-23-6;
the court may advise the individual that the individual may be placed
on probation if the individual requests to undergo treatment and is
accepted for treatment by the division.
As added by P.L.2-1992, SEC.17.
IC 12-23-8-2
Advising individual; conditions of probation; failure to request
treatment; certification despite failure to make request
Sec. 2. (a) In offering an individual an opportunity to request
treatment, the court shall advise the individual of what may be
required of the individual under IC 35-38-2-2.3 as conditions of
probation.
(b) The court may certify an individual for treatment while on
probation regardless of the failure of the individual to request
treatment.
As added by P.L.2-1992, SEC.17.
IC 12-23-8-3
Examination by division; determination whether individual is
alcoholic or drug abuser; likelihood of rehabilitation
Sec. 3. If an individual requests to undergo treatment or is
certified for treatment, the court may order an examination by the
division 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.2-1992, SEC.17.
IC 12-23-8-4
Presentence investigation; denial of request
Sec. 4. The court may deny the request if after conducting a
presentence investigation the court finds that the individual would
not qualify under criteria of the court to be released on probation.
As added by P.L.2-1992, SEC.17.
IC 12-23-8-5
Certification to division
Sec. 5. If a request is granted, the court shall certify to the division
that the individual may request treatment.
As added by P.L.2-1992, SEC.17.
IC 12-23-8-6
Transmission of information to division
Sec. 6. The court shall do the following:
(1) Transmit to the division a summary of an individual's
criminal history.
(2) Transmit to the division a copy of the reports on all
background and presentence investigations conducted by or for
the court.
As added by P.L.2-1992, SEC.17.
IC 12-23-8-7
Examination by division; report and recommendation
Sec. 7. Within a reasonable time after receiving an order to
conduct an examination and after the court submits the required
supporting documents and certification of eligibility, the division
shall do the following:
(1) Report to the court the results of the examination.
(2) Recommend whether the individual should be placed on
probation and supervision for treatment.
As added by P.L.2-1992, SEC.17.
IC 12-23-8-8
Determination that individual is not alcoholic or drug abuser or is
not likely to be rehabilitated through treatment; sentencing
Sec. 8. If the court, acting on a 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 court shall sentence the individual as in other cases.
As added by P.L.2-1992, SEC.17.
IC 12-23-8-9
Probationary placement under supervision of division; progress
reports
Sec. 9. 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 do the following:
(1) Place the individual on probation under IC 35-38-2 and
under the supervision of the division for treatment.
(2) Require progress reports on the individual from the
probation officer and the division that the court finds necessary.
As added by P.L.2-1992, SEC.17.
IC 12-23-8-10
Placement under supervision; acceptance of individual by division
Sec. 10. An individual may not be placed under supervision unless
the division accepts the individual for treatment.
As added by P.L.2-1992, SEC.17.
IC 12-23-8-11
Failure to observe requirements set by division; probation
violation
Sec. 11. (a) Failure of an individual placed on probation and under
the treatment supervision of the division to observe the requirements
set down by the division constitutes a violation of a condition of
probation.
(b) A failure shall be reported by the division to the probation
officer in charge of the individual and treated in accordance with
IC 35-38-2-3.
As added by P.L.2-1992, SEC.17.