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Indiana Code Title 35. Criminal Law and Procedure § 35-48-4-12.5

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Sec. 12.5. (a) This section applies to a person:

(1) charged with or convicted of a violation of section 6 of this chapter based on the possession of a narcotic drug classified in schedule I or II;  and

(2) who was administered an overdose intervention drug (as defined in IC 16-18-2-263.9) for an acute opioid overdose.

(b) Except as provided in subsection (c), a person to whom this section applies is entitled to be enrolled on a priority basis in:

(1) a forensic diversion program (as described in IC 11-12-3.7) providing a treatment plan for a person with an addictive disorder;

(2) a pretrial diversion program offered by the prosecuting attorney that mandates treatment for addictive disorders;  or

(3) another county program, including a drug court program, that provides treatment for persons suffering from addictive disorders who have been charged with or convicted of a drug offense.

(c) A person to whom this section applies is not entitled to enrollment in a program described in subsection (b) if:

(1) an appropriate program is not available in the county;

(2) the person is not eligible for an appropriate program;  or

(3) placement in a program is not appropriate due to the person's criminal history.

Cite this article: - Indiana Code Title 35. Criminal Law and Procedure § 35-48-4-12.5 - last updated June 08, 2021 |

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