YOUNG FIRST OFFENDERS OR MENTALLY DISTURBED INDIVIDUALS ARE USUALLY PRIME CANDIDATES FOR PROGRAM INTAKE ALTHOUGH EACH CASE IS JUDGED ON ITS MERITS. THE FINAL CHOICE OF WHETHER TO PARTICIPATE IN THE PROGRAM IS MADE BY THE DEFENDANT. PROCEDURAL PROTECTION BUILT INTO THIS PROGRAM INCLUDES THE PROVISION OF COUNSEL TO ALL DEFENDANTS AND THE EVALUATION OF DEFENDANTS FOR THE PROGRAM BY AN AGENCY INDEPENDENT OF THE PROSECUTOR (IN THIS CASE, THE U.S. PROBATION OFFICE).