Sec. 1. In a criminal proceeding for a misdemeanor or infraction in which:

(1) the use or abuse of alcohol, drugs, or harmful substances is a contributing factor or a material element of the offense; or

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Terms Used In Indiana Code 12-23-5-1

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(2) the defendant‘s mental illness other than substance abuse, is a contributing factor;

the court may take judicial notice of the fact that proper early intervention, medical, advisory, or rehabilitative treatment of the defendant is likely to decrease the defendant’s tendency to engage in antisocial behavior.

[Pre-1992 Revision Citation: 16-13-6.1-15.1(a).]

As added by P.L.2-1992, SEC.17. Amended by P.L.224-2003, SEC.125; P.L.85-2004, SEC.4.