(a) All persons charged in Laurel County with the commission of a misdemeanor offense shall be eligible for participation in the Diversion Program, as an alternative to criminal prosecution, subject to the following conditions and exceptions: (i) A prior conviction for a criminal offense (felony or misdemeanor) shall preclude eligibility--convictions for violation of traffic regulations (i.e., KRS CH. 186 or 189) shall not preclude eligibility; (ii) A person charged with a violent/assaultive crime shall not be eligible for participation in the Program; (iii) A person charged with a violation of the public trust (i.e., KRS Ch. 522) or with a crime of long duration shall not be eligible for participation in the Program; (iv) A person charged with the violation of traffic regulations (i.e., KRS Ch. 186 or 189) shall not be eligible for participation in the Program; and/or, (v) A person who has previously participated in the Diversion Program of Laurel County or of any other jurisdiction within or without the Commonwealth of Kentucky shall not be eligible for participation in the Program.

(b) However, where a person is charged with an offense of public intoxication (i.e., KRS Ch. 525.100) who has one or more prior convictions for alcohol related offenses, and where it appears from the person's record and history that his/her criminal activity is related to the disease of alcoholism, that person will be considered eligible for participation in the Program notwithstanding his/her prior convictions.

(c) And, where reasons of an extraordinary nature are presented which warrant consideration of a person for participation in the Program, notwithstanding his/her lack of eligibility by virtue of one or more of the above set out exclusions, that person may be considered eligible for participation in the Program.

(d) Each case will be reviewed by the County Attorney and the Trial Judge, on an individual basis, and eligibility or non-eligibility determined according to the above criteria. Participation in the program will be on a voluntary basis only, and the accused's consent must be obtained prior to inclusion.