Citations Affected: IC 11-12.
Synopsis: Forensic diversion programs. Provides that if a person fails
to participate in or complete a postconviction forensic diversion
program, a court may: (1) revoke the person's probation; (2) lift a stay
of execution of a nonsuspendible part of the person's sentence; (3)
modify the person's sentence; (4) order that the person's suspended
sentence be executed; or (5) order the person to serve part of the
sentence on work release.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 26, 2006, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
nonsuspendible, the court shall order the execution of the
nonsuspendible sentence and 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).
(d) The person may be required to participate in the post-conviction
forensic diversion program for no more than:
(1) two (2) years, if the person has been charged with a
misdemeanor; or
(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.
(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 shall may do any of the following:
(1) Revoke the person's probation. and reimpose
(2) Order all or a portion of the person's suspended sentence to
be executed.
(3) Modify the person's sentence.
(4) Order the person to serve all or a portion of the person's
suspended sentence in:
(A) a work release program established by the department
under IC 11-10-8 or IC 11-10-10; or
(B) a county work release program under IC 11-12-5.
(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, or
failed to successfully complete the program, the court shall may do any
of the following:
(1) Lift its stay of execution of the nonsuspendible portion of the
sentence and remand the person to the department. of correction;
(2) Order the person to serve all or a portion of the
nonsuspendible portion of the sentence that is stayed in:
(A) a work release program established by the department
under IC 11-10-8 or IC 11-10-10; or
(B) a county work release program under IC 11-12-5.
(3) Modify the person's sentence.