Sec. 12. "Alcohol and drug services program", for purposes of IC 12-23, means a service for a person:
(1) arrested for, charged with, or convicted of a misdemeanor or felony;
(2) against whom a:
(A) complaint for an infraction is filed; or
(B) judgment for an infraction is entered; or
(3) who is referred to a program under IC 12-23-14-5;
which provides intervention, education, referral, treatment, or rehabilitation, under the operation of a court or under private contract.