The circuit court may place a defendant on probation and require his 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 case, can be effectively administered through participation in a community-based treatment program.

(L. 1990 H.B. 974)

*This section was amended by S.B. 491, 2014, effective 1-01-17. Due to the delayed effective date, both versions of this section are printed here.