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. (1) The offense involves death or serious bodily injury.
2. (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. (3) Other criminal proceedings, not arising out of the same incident, alleging commission of a felony are pending against the defendant.
4. (4) The defendant is on probation or parole and the appropriate parole or probation authority does not consent to the defendant's participation.

5. (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.