1. (a) A person charged with a criminal offense specified in this subsection whose jurisdiction is in the circuit or district court of the Twenty-fourth Judicial Circuit may apply to the District Attorney of the Twenty-fourth Judicial Circuit for admittance to the pretrial diversion program. A person charged with any of the following offenses may apply for the program:

   1. (1) A drug offense, as provided in Section 12-23-5.
   2. (2) A property offense, including, but not limited to, theft in any degree and burglary in any degree.
   3. (3) An offense wherein the victim did not receive serious physical injury.
   4. (4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer.
   5. (5) A misdemeanor other than a traffic or conservation offense.

2. (b) The following offenses are ineligible for consideration for the pretrial diversion program:

   1. (1) Any Class A felony.
   2. (2) Any offense involving serious injury to a person.
   3. (3) Any offense involving death.
   4. (4) A person deemed by the district attorney to be a threat to the safety or well-being of the community shall not be eligible for the pretrial diversion program.

(Act 2003-190, 1st Sp. Sess., p. 502, §3.)