A. The chief prosecuting officer of a city or town may establish a diversion program that provides for the dismissal of a criminal complaint on successful completion of the program's requirements. Diversion shall not be available to persons accused of a crime involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
B. The prosecutor has sole discretion to decide whether to divert prosecution of an offender when the diversion occurs before a guilty plea or trial. The diversion program may be structured to require a guilty plea before entry into the program.