A. A criminal defendant may be admitted to a mental health court program if all of the following criteria are met:
(1) A diagnosis by a qualified mental health professional of mental illness or co-occurring mental illness and substance abuse.
(2) Consent of the prosecutor and the court assigned to the criminal defendant's case.
(3) Consent of the defendant.
B. A criminal defendant may be excluded from a mental health court program if any of the following occurs:
(1) The defendant fails to demonstrate a willingness to participate in a recommended mental health court program.
(2) The criminal defendant has, within the previous ten years not including incarceration time, been convicted of any one of the following enumerated crimes:
(a) First or second degree murder.
(b) Aggravated or criminal sexual assault, including sexual assault of a child.
(c) Armed robbery.
(d) Arson.
(e) Stalking.
(f) Any crimes of violence involving the discharge of a firearm.