Ind. Code § 11-12-3.7-12 – Eligibility for post-conviction forensic diversion; probation; nonsuspendible sentences; consequences of successful or unsuccessful participation

(a) A person is eligible to participate in a post-conviction forensic diversion program only if the person meets the following criteria:
1. (1) The person has an intellectual disability, a developmental disability, an autism spectrum disorder, a mental illness, an addictive disorder, or a combination of those conditions.
2. (2) The person has been convicted of an offense that is:
  1. (A) not a violent offense; and
  2. (B) not a drug dealing offense.
3. (3) The person does not have a conviction for a violent offense in the previous ten (10) years.
4. (4) The court has determined that the person is an appropriate candidate to participate in a post-conviction forensic diversion program.
5. (5) The person has been accepted into a post-conviction forensic diversion program.
(b) If the person meets the eligibility criteria described in subsection
(a) and has been convicted of an offense that may be suspended, the court may:
1. (1) suspend all or a portion of the person's sentence;
2. (2) place the person on probation for the suspended portion of the person's sentence; and
3. (3) require as a condition of probation that the person successfully participate in and successfully complete the post-conviction forensic diversion program.
4. (c) If the person meets the eligibility criteria described in subsection
5. (a) and has been convicted of an offense that is nonsuspendible, the court may:
  1. (1) order the execution of the nonsuspendible sentence; and
  2. (2) stay execution of all or part of the nonsuspendible portion of the sentence pending the person's successful participation in and successful completion of the post-conviction forensic diversion program.
    The court shall treat the suspendible portion of a nonsuspendible sentence in accordance with subsection (b).
  3. (d) The person may be required to participate in the post-conviction forensic diversion program for no more than:
  4. (1) two (2) years, if the person has been charged with a misdemeanor; or
  5. (2) three (3) years, if the person has been charged with a felony.
    The time periods described in this section only limit the amount of time a person may spend in the forensic diversion program and do not limit the amount of time a person may be placed on probation.
  6. (e) If, after considering the report of the forensic diversion program, the court determines that a person convicted of an offense that may be suspended has failed to successfully participate in the forensic diversion program, or has failed to successfully complete the program, the court may do any of the following:
    1. (1) Revoke the person's probation.
    2. (2) Order all or a portion of the person's suspended sentence to be executed.
    3. (3) Modify the person's sentence.
    4. (4) Order the person to serve all or a portion of the person's suspended sentence in:
      1. (A) a work release program established by the department under IC 11-10-8 or IC 11-10-10 ; or
      2. (B) a county work release program under IC 11-12-5 .
  7. (f) If, after considering the report of the forensic diversion program, the court determines that a person convicted of a nonsuspendible offense failed to successfully participate in the forensic diversion program, or failed to successfully complete the program, the court may do any of the following:
    1. (1) Lift its stay of execution of the nonsuspendible portion of the sentence and remand the person to the department.
    2. (2) Order the person to serve all or a portion of the nonsuspendible portion of the sentence that is stayed in:
      1. (A) a work release program established by the department under IC 11-10-8 or IC 11-10-10 ; or
      2. (B) a county work release program under IC 11-12-5 .
    3. (3) Modify the person's sentence.
      However, if the person failed to successfully participate in the forensic diversion program, or failed to successfully complete the program while serving the suspendible portion of a nonsuspendible sentence, the court may treat the suspendible portion of the sentence in accordance with subsection (e).
  8. (g) If, after considering the report of the forensic diversion program, the court determines that a person convicted of a nonsuspendible offense has successfully completed the program, the court shall waive execution of the nonsuspendible portion of the person's sentence.

As added by P.L.85-2004, SEC.3. Amended by P.L.39-2006, SEC.1; P.L.192-2007, SEC.7; P.L.187-2015, SEC.10.