[directive] A standardized flat offer shall be tendered only where the prosecutor is satisfied that all of the following criteria or conditions exist:  (1)  The most serious Brimage-eligible offense charged is the school zone offense (N.J.S.A. 2C:35-7) involving a third-degree (or less) amount of drugs.  If the present offense involves a second-degree amount of drugs as determined pursuant to N.J.S.A. 2C:35-5, including the aggregation provisions of that section, the defendant shall be ineligible for a standardized “flat” offer.  However, the defendant shall remain eligible for a standardized flat offer notwithstanding that he or she has been charged with a second degree crime defined in N.J.S.A. 2C:35-7.1 (drug-free public park, building or housing facility zone), provided that that offense does not involve a second degree amount of drugs as determined pursuant to N.J.S.A. 2C:35-5 (See also Section 6.5.3); (2)  The defendant is not eligible for an extended term of imprisonment pursuant to N.J.S.A. 2C:43-6f by virtue of having previously been convicted of manufacturing, distribution or possession with intent to Page 40  Attorney General Brimage Guidelines 2 (2004 Revisions) distribute a controlled substance; (3)  The defendant has not previously been convicted of a first or second degree crime, a crime of any degree involving the use or possession of a firearm, or a third degree crime other than for a violation(s) of N.J.S.A. 2C:35-10 (simple possession, use or being under the influence of a controlled substance).  (Consult Section 8.7 to determine the equivalent degree of a conviction under federal law or the laws of another State); (4)  The defendant has not previously been adjudicated delinquent for an offense that if committed by an adult would constitute a first or second degree crime, or a crime of any degree involving the use or possession of a firearm; (5)  The defendant at the time of the present offense was not subject to official supervision (i.e., e.g., parole, probation, ISP, etc.), and has not at any time violated a Drug Offender Restraining Order (D.O.R.O.) issued pursuant to N.J.S.A. 2C:35-5.4 et seq.  (Note that a standardized flat offer would be available notwithstanding that the defendant at the time of the present offense was on bail pending the disposition of another charge, provided that the bail violation did not constitute a violation of a Drug Offender Restraining Order); (6)  The current offense was not committed while actually on school grounds; (7)  The defendant is not eligible for enhanced punishment pursuant to N.J.S.A. 2C:35-8 by virtue of distributing a controlled dangerous substance to a juvenile or to a pregnant female; (8)  The current offense was not committed while the defendant was knowingly involved in criminal street gang related activity as defined in Section 11.1.  (The decision to disqualify a defendant for a standardized waiver based upon this eligibility criterion must be Page 41 Attorney General Brimage Guidelines 2 (2004 Revisions) approved by a supervisor designated by the county prosecutor, or by the Director of the Division of Criminal Justice in cases prosecuted by the Division (i.e., one or more assistant prosecutors or deputy or assistant attorneys general determined by the county prosecutor or Director to be knowledgeable about local street gang activities.)