1. (a) Admittance to the pretrial diversion program shall be appropriate in any of the following instances:

   1. (1) The offender is 18 years of age or older, or 16 years of age or older if the offense is a traffic citation, at the time the alleged offense was committed.
   2. (2) There is a probability justice will be served if the offender is placed in the diversion program.
   3. (3) It is determined the needs of the state and of the offender can be met through the pretrial diversion program.
   4. (4) The offender appears to pose no threat to the safety and well-being of the community.
   5. (5) It appears the offender is not likely to be involved in further criminal activity.
   6. (6) The offender will likely respond to rehabilitative treatment.
   7. (7) The offender has never been granted pretrial diversion or participated in any similar program in any court in any state.
   8. (8) The offender has no prior misdemeanor or felony convictions.
2. (b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.

(Act 2006-89, p. 110, §4.)