KRS 533.256: Failure to complete provisions of pretrial diversion agreement.

(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 vict im, 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 revocati on 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.