Application to criminal proceedings; judicial notice; deferred
proceedings; order to complete program
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.
As added by P.L.2-1991, SEC.18.
Last modified: May 27, 2006