; and (B) in section 3553— (i) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; (ii) by inserting after subsection (a) the following: (b) Consideration of diversion to FAMILIES Program (1) Determination Notwithstanding any other provision of this section, other than subsection (c), and notwithstanding any minimum term of imprisonment required to be imposed under any other provision of law, in the case of a defendant who is an eligible individual (as defined in section 3590), the court shall determine, in accordance with paragraph (2), whether the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program under subchapter E instead of sentencing the defendant to a term of probation under subchapter B or a term of imprisonment under subchapter D. (2) Factors (A) In general In making the determination under paragraph (1), the court shall consider, in addition to other factors the court determines relevant— (i) whether the defendant has significant caregiver responsibilities, including significant expected parental responsibilities in the case of an individual who is pregnant or the spouse or dating partner of such an individual; (ii) whether the defendant has significant caregiving responsibilities with respect to an adult dependent; (iii) whether the defendant poses no apparent risk of harm to any identifiable child with respect to whom the defendant has significant parental responsibilities; (iv) whether the defendant poses no apparent risk of harm to any identifiable adult dependent with respect to whom the defendant has significant caregiving responsibilities; (v) a statement, if available, regarding the impact that a sentence of probation or imprisonment would have on the family of the defendant; (vi) the nature of the offense as it relates to the future rehabilitation of the defendant; (vii) the defendant's ties to the community; (viii) a statement from the victim regarding the impact of the offense on the victim