1. The state's attorney for each county may create and administer a prosecution-led diversion program if, after due consideration of any crime victim's rights and subject to approval from the court, the prosecuting attorney and the defendant agree to suspend prosecution for a period of time after which the case will be dismissed under rule 32.2 of the North Dakota Rules of Criminal Procedure on condition that the defendant not commit any new criminal offense during the period of the agreement.
2. Each county that establishes a prosecution-led diversion program shall establish written guidelines for the program and minimum eligibility criteria.