; and (3) that the divertee be afforded the advice of counsel, and if the divertee cannot afford counsel, that counsel be appointed at no cost to the divertee. (d) Pretrial diversion determination application process Upon the application for pretrial diversion of a criminal case, the applicant shall be referred to either the Chief Pretrial Services Officer or the Chief Probation Officer for a report, that shall include— (1) the applicant’s criminal history, background and characteristics, and the facts surrounding an applicant’s criminal case; (2) a recommendation to the Court whether a pretrial diversion program is appropriate for the applicant; and (3) a needs-based assessment of the applicant, and a recommendation for a recidivism reduction plan tailored to the needs of the applicant, whether or not a pretrial diversion program is recommended. (e) Pretrial diversion order Upon review of the report described in subsection (e), and any argument, testimony and evidence presented by the Government and the applicant, the Court shall enter an order approving or denying the application of pretrial diversion, such an order shall include— (1) in the case of an order denying the application of pretrial diversion, a statement of reasons for such denial; and (2) in the case of an order granting the application of pretrial diversion— (A) the date that the pretrial diversion period begins, and date, whereby, if successful completion is determined by the Court, a diversionary disposition may be entered; (B) the recidivism reduction plan which must be successfully completed by the divertee in order to receive a diversionary disposition; (C) the type of diversionary disposition that the divertee will receive if the divertee successfully completes the recidivism reduction plan, including opportunities for record expungement, which shall include the approval of the Government where required by law