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 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 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.
2. (b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.

(Act 2003-190, 1st Sp. Sess., p. 502, §4.)