Sec. 6. (a) A person against whom criminal charges are pending is eligible to participate in the referral program only if the court finds, following a hearing, that the person meets the following criteria:
(1) The person is a qualified adult who has been referred to a treatment provider under section 5 of this chapter.
(2) The court has determined that the person is an appropriate candidate to participate in the referral program.
(b) Participation in the referral program does not divert, delay, or otherwise affect the criminal prosecution against the person.