1. (a) Admittance to the pretrial diversion program shall be appropriate in any of the following circumstances:

   1. (1) The offender is 18 years of age or older at the time the alleged offense was committed; 16 years of age or older if the offense is a traffic violation.
   2. (2) There is a probability justice will be served if the offender is placed in the pretrial 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 threat to the safety and wellbeing 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.
   7. (7) The offender has never been granted pretrial diversion or participated in any similar program in any court in the state.
   8. (8) The offender has no prior felony convictions.
   9. (9) The offender does not hold a commercial driver license issued in any U.S. state, any U.S. possession, any U.S. territory, or any U.S. insular area.
2. (b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.

(Act 2009-460, p. 802, §4.)