1. (a) This section applies to a person:

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

2. (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. (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. (2) a pretrial diversion program offered by the prosecuting attorney that mandates treatment for addictive disorders; or
   3. (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.

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

   1. (1) an appropriate program is not available in the county;
   2. (2) the person is not eligible for an appropriate program; or
   3. (3) placement in a program is not appropriate due to the person's criminal history.

As added by P.L.125-2017, SEC.2.