(a) The commissioners court of a county may establish a public safety employees treatment court program for persons arrested for or charged with any misdemeanor or felony offense. A defendant is eligible to participate in a public safety employees treatment court program established under this chapter only if the attorney representing the state consents to the defendant’s participation in the program and if the court in which the criminal case is pending finds that the defendant is a current or former public safety employee who:
(1) suffers from a brain injury, mental illness, or mental disorder, including post-traumatic stress disorder, that:
(A) occurred during or resulted from the defendant’s duties as a public safety employee; and
(B) affected the defendant’s criminal conduct at issue in the case; or
(2) is a defendant whose participation in a public safety employees treatment court program, considering the circumstances of the defendant’s conduct, personal and social background, and criminal history, is likely to achieve the objective of ensuring public safety through rehabilitation of the public safety employee in the manner provided by Section 1.02(1), Penal Code.
(b) The court in which the criminal case is pending shall allow an eligible defendant to choose whether to proceed through the public safety employees treatment court program or otherwise through the criminal justice system.

(c) Proof of matters described by Subsection (a) may be submitted to the court in which the criminal case is pending in any form the court determines to be appropriate, including medical records or testimony or affidavits of other public safety employees. The court’s findings must accompany any docketed case.