Current through P.L. 171-2024
Section 33-23-16-14 - Deferred prosecution(a) A court, without entering a judgment of conviction, may defer proceedings against an individual and place the individual in a problem solving court program under this section only if:(1) the individual meets the conditions for eligibility set forth in section 13(1) and 13(2) of this chapter;(2) the individual pleads guilty and consents to the referral; and(3) the judge of the problem solving court, the prosecuting attorney, and the individual all agree upon certain conditions for the individual's participation in the problem solving court program and on the duration of those conditions.(b) When an individual's participation in a problem solving court program under this section has been terminated as provided under section 14.5 of this chapter, the problem solving court shall: (1) enter a judgment of conviction against the individual;(2) refer the individual's case back to the court that referred the case to the problem solving court to allow the referring court to enter a judgment of conviction against the individual; or(3) otherwise dispose of the case.(c) If an individual fulfills the conditions established by a problem solving court under subsection (a), the problem solving court shall:(1) dismiss the charges against the individual;(2) refer the individual's case back to the court that referred the case to the problem solving court to allow the referring court to dismiss the charges against the individual; or(3) otherwise dispose of the case.Amended by P.L. 187-2011, SEC. 4, eff. 7/1/2011.As added by P.L. 108-2010, SEC.4.