1. (a) In determining whether an offender may be admitted into the pretrial diversion program, it shall be appropriate for the district attorney to consider any or all of the following circumstances:

   1. (1) There is a probability that justice will be served if the offender is placed into the pretrial diversion program.
   2. (2) It is determined that the needs of the community 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 or law enforcement.
   4. (4) The offender appears unlikely 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 circumstances dictate.

(Act 2012–364, p. 907, § 4.)