533.256 Failure to complete provisions of pretrial diversion agreement.
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/ky/chapter-533/533-256A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)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.
(2)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.
(3)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.
(4)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.