9 GCA § 30.80.3: Enforcement of a Deferred Plea Proceedings; Dismissal.

If it appears to the prosecuting attorney, the court or the probation department that the defendant under § 30.80.1 of this Chapter is performing unsatisfactorily in the assigned program, or that the defendant is not benefiting from education, counseling and/or treatment program(s), or that he or she has been convicted of any offense involving violence, after notice to the defendant, and upon motion by the prosecuting attorney or on the court’s own motion, the court shall hold a hearing to determine whether the defendant shall be sentenced accordingly. If the court finds by substantial evidence that the defendant is not performing satisfactorily in the assigned program(s), or that the defendant is not benefiting from the deferral, or the court finds that the defendant has been convicted of a crime as set out above, the criminal case shall be referred back to the court for adjudication. If the defendant has performed satisfactorily during the deferral period, at the end of the period of deferral, the criminal charges shall be dismissed upon motion or application of the defendant.