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).

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 4 felonybetween 2 and 12 yearsup to $10,000
For details, see Ind. Code § 35-50-2-5.5

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Terms Used In Indiana Code 12-23-6.1-1

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(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.

As added by P.L.187-2015, SEC.14.