Indiana Code 12-23-7.1-8. Court deferral; consent of prosecuting attorney
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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:
(2) without a jury, conduct the trial of the individual but may, with the consent of the prosecuting attorney, do the following:
(1) defer the trial; or
Terms Used In Indiana Code 12-23-7.1-8
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.