Sec. 1. (a) Except as provided in subsection (b), an individual who is:
(1) an alcoholic;
(2) incapacitated by alcohol; or
(3) a drug abuser;
may be involuntarily committed to the care of the division under IC 12-26.
(b) A drug abuser who is charged with or convicted of an offense that makes the individual ineligible to make an election for treatment under IC 12-23-6.1 may not be involuntarily committed under subsection (a).