(a) Eligibility. A military service member offender, who is eligible for probation based upon the nature of the offense for which he or she has been charged, and in consideration of his or her criminal background, if any, may, upon application, be admitted into a court program only upon the agreement of the prosecutor and the offender. Additionally, the court must also determine whether the offense is in any way attributable to the offenders military service.
(b) A military service member offender may not participate in the court program if he or she has been charged with any of the following offenses:
(1) A sexual offense, including, but not limited to, a violation of the felony provisions of 61-8-1 et seq., 61-8B-1 et seq., 61-8C-1 et seq., or 61-8D-1 et seq. of this code, or a criminal offense where the judge has made a written finding that the offense was sexually motivated;