(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 of the following circumstances:
(1) The offender is 18 years of age or older at the time the offense was committed.
(2) There is a probability justice will be served if the offender is placed in the pretrial diversion program.
(3) It is determined the needs of the community and of the offender can be met through the pretrial diversion program.
(4) The offender appears to pose no substantial threat to the safety and well-being of the community or law enforcement.
(5) The offender is not likely to be involved in further criminal activity.
(6) The offender will likely respond to rehabilitative treatment.
(7) The expressed wish of the victim not to prosecute.
(8) Undue hardship upon the victim.
(9) Whether the victim or the offender has medical, psychiatric, or vocational difficulties that would impede the administration of justice.
(10) Whether there is a reason to believe that the victim or offender will benefit from and cooperate with a pretrial diversion program.
(11) The impact of criminal charges or prosecution upon the victim, witnesses, or the community.
(b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.
Last modified: May 3, 2021