Sec. 3. (a) This section applies to a criminal proceeding in which the use or abuse of alcohol is a contributing factor or a material element of the offense.

     (b) The court may take judicial notice of the fact that proper medical treatment is likely to decrease the defendant‘s tendency to engage in antisocial behavior.

     (c) Before conviction, the court, with the consent of the defendant and the prosecuting attorney, may conditionally defer the proceedings described in subsection (a) for up to four (4) years. However, a prosecution may not be deferred under this section if:

(1) the offense involves death or serious bodily injury;

(2) other criminal proceedings, not arising out of the same incident, alleging commission of a felony are pending against the defendant;

(3) the defendant is on probation or parole and the appropriate parole or probation authority does not consent to the defendant’s participation; or

(4) the defendant fails to meet additional eligibility requirements imposed by the court.

     (d) The court may order the defendant to satisfactorily complete the program established under section 2 of this chapter if the court makes a determination under subsection (b). The court may impose other appropriate conditions upon the defendant.

[Pre-1991 Recodification Citation: 9-11-5-3.]

As added by P.L.2-1991, SEC.18.