1. (a) The district attorney may consider an offender for the pretrial diversion program based on any of the following circumstances:

   1. (1) There is a probability justice will be served if the offender is placed in the program.
   2. (2) It is determined the needs of the state and of the offender can be met through the program.
   3. (3) The offender appears to pose 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 or counseling.
2. (b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.

(Act 2012­360, p. 892, § 5.)