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 that the needs of the state and the offender can be met through the pretrial diversion program.
4. (4) The offender appears to pose no substantial threat to the safety and wellbeing 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.

(Act 2005-130, p. 215, §4.)