1. (a) The city judge 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, city, and 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 if the offender complies with all conditions imposed pursuant to the program.
   5. (5) The offender will likely respond to rehabilitative treatment or counseling.
   6. (6) The need for restitution for the victim from the offender outweighs the interest of the state and city for incarceration of the offender.
2. (b) The city judge may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.

(Act 2013-356, p. 1277, § 4.)