reglab/housing_qa huggingface dataset:
IN Code § 12-23-5-5 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 5. Conditional Deferment of Judicial Proceedings After Commission of Misdemeanor or Infraction|12-23-5-5. Conditional Deferral of Charges Under Ic 9-30-5; Suspension of Driving Privileges; Probationary Driving Privileges; Ignition Interlock Device

Sec. 5. (a) Subject to subsection (b), if a court enters an order conditionally deferring charges that involve a violation of IC 9-30-5, the court shall do the following:(1) Suspend the defendant's driving privileges for at least ninety (90) days but not more than two (2) years.(2) Impose other appropriate conditions.(b) A defendant may be granted probationary driving privileges only after the defendant's license has been suspended for at least thirty (30) days under IC 9-30-6-9.(c) If a defendant has at least one (1) conviction for an offense under IC 9-30-5, the order granting probationary driving privileges under subsection (b) must, in a county that provides for the installation of an ignition interlock device under IC 9-30-8, prohibit the defendant from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8.(d) If a defendant does not have a prior conviction for an offense under IC 9-30-5, the court may, as an alternative to a license suspension under subsection (a)(1), issue an order prohibiting the defendant from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under IC 9-30-8. An order requiring an ignition interlock device must remain in effect for at least two (2) years but not more than four (4) years.[Pre-1992 Revision Citation: 16-13-6.1-15.1(c).]As added by P.L.2-1992, SEC.17. Amended by P.L.76-2004, SEC.21.
IN Code § 12-23-5-5.5 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 5. Conditional Deferment of Judicial Proceedings After Commission of Misdemeanor or Infraction|12-23-5-5.5. Offenses; Operating Motor Vehicle Without Ignition Interlock Device

Sec. 5.5. (a) A person commits a Class B infraction if the person:(1) operates a motor vehicle without a functioning certified ignition interlock device; and(2) is prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under section 5(d) of this chapter.(b) A person commits a Class B misdemeanor if the person:(1) operates a motor vehicle without a functioning certified ignition interlock device; and(2) knows the person is prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning certified ignition interlock device under section 5(d) of this chapter.As added by P.L.76-2004, SEC.22.
IN Code § 12-23-5-6 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 5. Conditional Deferment of Judicial Proceedings After Commission of Misdemeanor or Infraction|12-23-5-6. Misdemeanor Convictions; Probation; Referring Defendant to Treatment or Therapy Program

Sec. 6. If a defendant is convicted in a proceeding described in section 1 of this chapter and the court places the defendant on probation, the court may do the following:(1) Refer the defendant to an alcohol and drug services treatment program if the court makes a determination under section 1(1) of this chapter.(2) Refer the defendant to an appropriate therapy program if the court makes a determination under section 1(2) of this chapter.(3) Require the defendant to undergo treatment as a condition of probation.[Pre-1992 Revision Citation: 16-13-6.1-15.1(d).]As added by P.L.2-1992, SEC.17.
IN Code § 12-23-5-7 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 5. Conditional Deferment of Judicial Proceedings After Commission of Misdemeanor or Infraction|12-23-5-7. Exceptions to Eligibility for Deferral

Sec. 7. Prosecution may be deferred under sections 2 through 5 of this chapter if a defendant has been charged with a misdemeanor or infraction in which the use of alcohol or drugs was a contributing factor or material element of the offense or the defendant's mental illness was a contributing factor, unless at least one (1) of the following exists:(1) The offense involves death or serious bodily injury.(2) The defendant has a record of at least two (2) prior convictions of forcible felonies (as defined in IC 35-31.5-2-138).(3) Other criminal proceedings, not arising out of the same incident, alleging commission of a felony are pending against the defendant.(4) The defendant is on probation or parole and the appropriate parole or probation authority does not consent to the defendant's participation.(5) The defendant fails to meet additional eligibility requirements imposed by the court.[Pre-1992 Revision Citation: 16-13-6.1-15.1(e).]As added by P.L.2-1992, SEC.17. Amended by P.L.114-2012, SEC.32.
IN Code § 12-23-5-8 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 5. Conditional Deferment of Judicial Proceedings After Commission of Misdemeanor or Infraction|12-23-5-8. Exception to Eligibility for Deferral; Previous Dismissal Under This Chapter of Charges of Operating Vehicle While Intoxicated

Sec. 8. If:(1) a defendant was previously charged under IC 9-4-1-54 (before its repeal September 1, 1983), IC 9-11-2 (before its repeal July 1, 1991), or IC 9-30-5; and(2) the previous charges were dismissed under this chapter;the individual is not eligible to have subsequent charges under IC 9-30-5 dismissed under this chapter.[Pre-1992 Revision Citation: 16-13-6.1-15.1(f).]As added by P.L.2-1992, SEC.17.
IN Code § 12-23-5-9 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 5. Conditional Deferment of Judicial Proceedings After Commission of Misdemeanor or Infraction|12-23-5-9. Programs in Which Defendants Ordered to Participate

Sec. 9. A court may not order a defendant or a convicted individual to complete an alcohol and drug services treatment program under section 2(b)(1) or 6(1) of this chapter unless the court determines that the program in which the individual is to participate is administered by a court under IC 12-23-14 or is certified by the division of mental health and addiction.[Pre-1992 Revision Citation: 16-13-6.1-15.1(g).]As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.41; P.L.215-2001, SEC.62.
IN Code § 12-23-6.1-1 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 6.1. Addiction Services|12-23-6.1-1. Treatment Request by Drug Abuser or Alcoholic

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).(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.
IN Code § 12-23-7.1-1 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-1. Treatment Request by Drug Abuser or Alcoholic; Requirements

Sec. 1. If:(1) a court has reason to believe that an individual charged with an offense is a drug abuser or an alcoholic or the individual states that the individual is a drug abuser or an alcoholic;(2) the court finds that the individual is eligible to make the request for treatment provided for in IC 12-23-6.1; and(3) the defendant is not disqualified under IC 12-23-6.1-1;the court may advise the individual that the prosecution of the charge may be continued if the individual requests to undergo treatment and is accepted for treatment by the division.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-7.1-2 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-2. Treatment Conditions and Duties

Sec. 2. In offering an individual an opportunity to request treatment, the court shall advise the individual of the following:(1) If the individual requests to undergo treatment and is accepted, the individual may be placed under the supervision of the division for a period not to exceed three (3) years.(2) During treatment the individual may be confined in an institution or, at the discretion of the division, the individual may be released for treatment or supervised aftercare in the community.(3) If the individual completes treatment, the charge will be dismissed, but if the individual does not complete treatment, prosecution on the charge may be resumed.(4) A request constitutes a formal waiver of the right to a speedy trial and constitutes a formal waiver of Criminal Rule 4 concerning discharge for delay in criminal trials.(5) To make a request the individual must waive a jury trial and consent to a trial by the court or must enter a guilty plea, with the general finding to be entered by the court to be deferred until the time that prosecution may be resumed.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-7.1-3 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-3. Examination of Individual Requesting Treatment

Sec. 3. If an eligible individual requests to undergo treatment, the court may order the division to conduct an examination of the individual to determine whether the individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-7.1-4 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-4. Denial of Treatment Request

Sec. 4. The court may deny a request if after conducting a pretrial or preplea investigation the court finds the individual would not qualify under the criteria of the court to be released on probation if convicted.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-7.1-5 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-5. Court Duties

Sec. 5. If a request is granted, the court shall do the following:(1) Certify to the division that the individual may request treatment.(2) Transmit to the division the following:(A) A summary of the criminal history of the individual.(B) A copy of the report of all background investigations conducted by or for the court.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-7.1-6 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-6. Division Report to Court

Sec. 6. Within a reasonable time after receiving an order to conduct an examination, together with the court's certification of eligibility and required supporting documents, the division shall report to the court the results of the examination and recommend if an individual should be placed under supervision for treatment.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-7.1-7 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-7. Court Determination; Individual to Answer Charge

Sec. 7. If the court, acting on the report and other information coming to the court's attention, determines that:(1) an individual is not a drug abuser or an alcoholic; or(2) the individual is not likely to be rehabilitated through treatment;the individual may be held to answer the charge.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-7.1-8 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-8. Court Deferral; Consent of Prosecuting Attorney

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:(1) defer the trial; or(2) without a jury, conduct the trial of the individual but may, with the consent of the prosecuting attorney, do the following:(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.
IN Code § 12-23-7.1-9 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-9. Progress Reports

Sec. 9. The court may require progress reports on an individual that the court finds necessary.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-7.1-10 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-10. Division Acceptance

Sec. 10. An individual may not be placed under the supervision of the division for treatment under this chapter unless the division accepts the individual for treatment.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-7.1-11 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-11. Criminal Charge; Continued or Dismissed

Sec. 11. If an individual is placed under the supervision of the division for treatment under this chapter, the criminal charge against the individual shall be:(1) continued without final disposition; and(2) dismissed if the division certifies to the court that the individual has successfully completed the treatment program.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-7.1-12 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-12. Resumption of Criminal Proceeding

Sec. 12. (a) If by the expiration of the supervisory period the division has not been able to certify that an individual has completed the treatment program, the pending proceeding may be resumed upon motion of the prosecuting attorney.(b) If, before the supervisory period expires, the division determines that further treatment of the individual is not likely to be successful, the division shall so advise the court. The court shall terminate the supervision, and the pending criminal proceeding may be resumed upon motion of the prosecuting attorney.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-7.1-13 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-13. Accrued Time

Sec. 13. If a criminal proceeding is resumed and the individual subsequently completes the treatment program, the individual is entitled to accrued time for the time spent in institutional care.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-7.1-14 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 7.1. Continuance of Prosecution After Criminal Charge|12-23-7.1-14. Release Requirements

Sec. 14. The division may not release an offender under section 2(2) of this chapter to an alcohol and drug services treatment program that is not a program administered by a court under IC 12-23-14 or that has not complied with the certification requirements of the division of mental health and addiction.As added by P.L.187-2015, SEC.15.
IN Code § 12-23-8.1-1 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 8.1. Treatment and Probation Following Criminal Conviction|12-23-8.1-1. Probation; Request for Treatment

Sec. 1. If:(1) a court has reason to believe that an individual convicted of an offense is a drug abuser or an alcoholic or the individual states that the individual is a drug abuser or an alcoholic; and(2) the court finds that the individual is eligible to make the request for treatment provided for under IC 12-23-6.1;the court may advise the individual that the individual may be placed on probation, subject to any mandatory minimum or nonsuspendible sentence imposed on the individual, if the individual requests to undergo treatment and is accepted for treatment by the division.As added by P.L.187-2015, SEC.16.
IN Code § 12-23-8.1-2 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 8.1. Treatment and Probation Following Criminal Conviction|12-23-8.1-2. Conditions of Probation

Sec. 2. (a) In offering an individual an opportunity to request treatment, the court shall advise the individual of what may be required of the individual under IC 35-38-2-2.3 as conditions of probation.(b) The court may certify an individual for treatment while on probation regardless of the failure of the individual to request treatment.As added by P.L.187-2015, SEC.16.
IN Code § 12-23-8.1-3 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 8.1. Treatment and Probation Following Criminal Conviction|12-23-8.1-3. Examination by Division

Sec. 3. If an individual requests to undergo treatment or is certified for treatment, the court may order an examination by the division to determine whether the individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment.As added by P.L.187-2015, SEC.16.
IN Code § 12-23-8.1-4 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 8.1. Treatment and Probation Following Criminal Conviction|12-23-8.1-4. Denial of Request

Sec. 4. The court may deny the request if after conducting a presentence investigation the court finds that the individual would not qualify under criteria of the court to be released on probation.As added by P.L.187-2015, SEC.16.
IN Code § 12-23-8.1-5 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 8.1. Treatment and Probation Following Criminal Conviction|12-23-8.1-5. Court Certification to Division

Sec. 5. If a request is granted, the court shall certify to the division that the individual may request treatment.As added by P.L.187-2015, SEC.16.
IN Code § 12-23-8.1-6 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 8.1. Treatment and Probation Following Criminal Conviction|12-23-8.1-6. Court Duties

Sec. 6. The court shall do the following:(1) Transmit to the division a summary of an individual's criminal history.(2) Transmit to the division a copy of the reports on all background and presentence investigations conducted by or for the court.As added by P.L.187-2015, SEC.16.
IN Code § 12-23-8.1-7 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 8.1. Treatment and Probation Following Criminal Conviction|12-23-8.1-7. Division Duties; Report and Recommendation

Sec. 7. Within a reasonable time after receiving an order to conduct an examination and after the court submits the required supporting documents and certification of eligibility, the division shall do the following:(1) Report to the court the results of the examination.(2) Recommend whether the individual should be placed on probation and supervision for treatment.As added by P.L.187-2015, SEC.16.
IN Code § 12-23-8.1-8 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 8.1. Treatment and Probation Following Criminal Conviction|12-23-8.1-8. Court Determination; Sentencing of Individual

Sec. 8. If the court, acting on a report and other information coming to the court's attention, determines that:(1) an individual is not a drug abuser or an alcoholic; or(2) the individual is not likely to be rehabilitated through treatment;the court shall sentence the individual as in other cases.As added by P.L.187-2015, SEC.16.
IN Code § 12-23-8.1-9 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 8.1. Treatment and Probation Following Criminal Conviction|12-23-8.1-9. Court Determination; Placement of Individual on Probation

Sec. 9. 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 do the following:(1) Place the individual on probation under IC 35-38-2 and under the supervision of the division for treatment.(2) Require progress reports on the individual from the probation officer and the division that the court finds necessary.As added by P.L.187-2015, SEC.16.
IN Code § 12-23-8.1-10 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 8.1. Treatment and Probation Following Criminal Conviction|12-23-8.1-10. Division Acceptance of Individual

Sec. 10. An individual may not be placed under supervision unless the division accepts the individual for treatment.As added by P.L.187-2015, SEC.16.
IN Code § 12-23-8.1-11 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 8.1. Treatment and Probation Following Criminal Conviction|12-23-8.1-11. Probation Violation

Sec. 11. (a) Failure of an individual placed on probation and under the treatment supervision of the division to observe the requirements set down by the division constitutes a violation of a condition of probation.(b) A failure shall be reported by the division to the probation officer in charge of the individual and treated in accordance with IC 35-38-2-3.As added by P.L.187-2015, SEC.16.
IN Code § 12-23-9-1 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 9. Voluntary Treatment by Division for Alcoholics|12-23-9-1. Application for Treatment; Minors

Sec. 1. An alcoholic may apply for voluntary treatment directly to a certified treatment facility. If the proposed patient is a minor or an incapacitated individual, the proposed patient, a parent, a legal guardian, or other legal representative may make the application.[Pre-1992 Revision Citation: 16-13-6.1-19(a).]As added by P.L.2-1992, SEC.17.
IN Code § 12-23-9-2 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 9. Voluntary Treatment by Division for Alcoholics|12-23-9-2. Examination by Physician

Sec. 2. An individual who:(1) comes voluntarily; or(2) is a minor or an incapacitated individual who is brought to a certified public treatment facility;shall be examined by a licensed physician as soon as possible.[Pre-1992 Revision Citation: 16-13-6.1-19(b) part.]As added by P.L.2-1992, SEC.17.
IN Code § 12-23-9-3 (2021)
2021 Indiana Code|Title 12. Human Services|Article 23. Addiction Services|Chapter 9. Voluntary Treatment by Division for Alcoholics|12-23-9-3. Admission; Referral; Transportation

Sec. 3. (a) After a physical examination under section 2 of this chapter, an individual may be admitted as a patient or referred to another health facility.(b) The referring certified treatment facility shall arrange for the individual's transportation.[Pre-1992 Revision Citation: 16-13-6.1-19(b) part.]As added by P.L.2-1992, SEC.17.