The circuit court may place a defendant on probation and require his or her participation in a program established pursuant to section 217.777 if, having regard to the nature and circumstances of the offense and to the history and character of the defendant, the court is of the opinion that:

1. (1) Traditional institutional confinement of the defendant is not necessary for the protection of the public, given adequate supervision; and

2. (2) The defendant is in need of guidance, training, or other assistance, which, in his or her case, can be effectively administered through participation in a community-based treatment program.

   ­­­If the court holds such opinions and further finds that the defendant is the primary caregiver of one or more dependent children, the court shall consider requiring the defendant to participate in a community-based treatment program.

(L. 1990 H.B. 974, A.L. 2014 S.B. 491, A.L. 2021 S.B. 53 & 60)