(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state.
(b) A person charged with a felony is eligible to participate in a pre-adjudication probation program if:
(1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and
(2) The person is not charged with one (1) of the following criminal offenses:
(A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;
(B) A felony involving violence as listed in § 5-4-501(d)(2);
(C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or
(D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.
(c)
(1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program.
(2) As used in subdivision (c)(1) of this section, “traffic offense” does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation.