1. (a) Intervention shall be appropriate if:

   1. (1) There is a likelihood justice will be served if the offender is placed in an intervention program.
   2. (2) It is determined the needs of the state and of the offender can be met through the Pre-Trial Intervention Program.
   3. (3) The offender poses no substantial threat to the safety and well-being of the community.
   4. (4) It appears the offender is not likely to be involved in further criminal activity.
   5. (5) The offender will likely respond to rehabilitative treatment.
2. (b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.

(Act 97-692, p. 1045, §3.)