Admittance into the pretrial diversion program is in the sole discretion of the city judge. An offender deemed by the city judge to be a threat to the safety or well-being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses shall be ineligible for admittance:

1. (1) Any offense involving violence or aggression resulting in injury to a law enforcement officer.
2. (2) Any offense involving eluding or attempting to elude a law enforcement officer.
3. (3) Any offense involving violence where weapons are used or where children are victims.
4. (4) Any driving under the influence charge where serious physical injuries are involved.
5. (5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official.
6. (6) The person may not hold a commercial driver license (CDL) issued in any state, any United States possession or territory, or any United States insular area, or has no conviction for which a commercial driver license was required.

(Act 2013-356, p. 1277, § 3.)