1. (a) Admittance of an offender into the pretrial diversion program shall be appropriate if all of the following requirements are met:

   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 or violation was committed.
   2. (2) There is a probability that justice will be served if the offender is placed in the pretrial diversion program.
   3. (3) It is determined that the needs of the city and of the offender can be met through the pretrial diversion program.
   4. (4) The offender appears to pose no substantial 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 no previous record of committing the offense or offenses or violation or violations with which he or she is charged.
2. (b) The municipal prosecutor may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.

(Act 2010-578, p. 1275, §4.)