{"data":{"id":"us-ky/krs-533.256","jurisdiction":"us-ky","citation":"KRS 533.256","heading":"Failure to complete provisions of pretrial diversion agreement.","body":"(1) If the defendant fails to complete the provisions of the pretrial diversion agreement\nwithin the time specified, or is not making satisfactory progress toward the\ncompletion of the provisions of the agreement, the Division of Probation and\nParole, the vict im, or a peace officer may inform the attorney for the\nCommonwealth of the alleged violation or noncompliance, and the attorney for the\nCommonwealth may apply to the court for a hearing to determine whether or not the\npretrial diversion agreement should be  voided and the court should proceed on the\ndefendant's plea of guilty in accordance with the law.\n(2) In making a determination as to whether or not a pretrial diversion agreement\nshould be voided, the court shall use the same criteria as for the revocati on of\nprobation, and the defendant shall have the same rights as he or she would if\nprobation revocation was sought.\n(3) Making application for a pretrial diversion agreement tolls any statute of limitations\nrelative to the criminal offenses for which the application is made for the period\nuntil the application is granted or denied. Approval of the application for pretrial\ndiversion by the court tolls any statute of limitations relative to criminal offenses\ndiverted for the period of the diversion agreement.\n(4) If the court voids the pretrial diversion agreement, the court shall notify the\napplicable prosecutor in writing that the pretrial diversion agreement has been\nvoided and the reasons for the action. The prosecutor shall decide whether or not to\nproceed on the plea of guilty in accordance with the law.","path":["KRS Chapter 533"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20091","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:06Z","sha256":"3c8040b430722e1bc80edf544bbb88f55f205607aad8277e173df2ce5f93785c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-533.254","next":"us-ky/krs-533.258"},"notice":"GroundRules: Original legal text. Not legal advice."}