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533.256 Failure to complete provisions of pretrial diversion agreement.
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If the defendant fails to complete the provisions of the pretrial diversion
agreement within the time specified, or is not making satisfactory progress
toward the completion of the provisions of the agreement, the Division of
Probation and Parole, the victim, or a peace officer may inform the attorney for
the Commonwealth of the alleged violation or noncompliance, and the attorney
for the Commonwealth may apply to the court for a hearing to determine
whether or not the pretrial diversion agreement should be voided and the court
should proceed on the defendant's plea of guilty in accordance with the law.
In making a determination as to whether or not a pretrial diversion agreement
should be voided, the court shall use the same criteria as for the revocation of
probation, and the defendant shall have the same rights as he or she would if
probation revocation was sought.
Making application for a pretrial diversion agreement tolls any statute of
limitations relative to the criminal offenses for which the application is made for
the period until the application is granted or denied. Approval of the application
for pretrial diversion by the court tolls any statute of limitations relative to
criminal offenses diverted for the period of the diversion agreement.
If the court voids the pretrial diversion agreement, the court shall notify the
applicable prosecutor in writing that the pretrial diversion agreement has been
voided and the reasons for the action. The prosecutor shall decide whether or
not to proceed on the plea of guilty in accordance with the law.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 606, sec. 89, effective July 15, 1998.
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