1. Following entry of a court-monitored deferral, the judge will refer the matter to the court probation department (“probation”), which will monitor the defendant’s compliance with all conditions of the deferral.

2. Probation will report to the judge on compliance. In the event that a term or condition of a court-monitored deferral appears to have been violated, the judge may decide to set a hearing for review of and possible revocation of the deferral. If the judge does set a hearing, probation shall provide written notice of the apparent violation to the parties in advance of the hearing.

3. Nothing in this subsection affects the court’s discretion to set compliance review hearings during the pendency of the court-monitored deferral.

1. If a hearing is set, the parties will be notified of the alleged violation and hearing date.

2. At the hearing, evidence shall be taken of the defendant’s alleged violation and the defendant shall have the right to present evidence showing that there was no violation.

3. If the judge finds by a preponderance of the evidence that the defendant willfully violated the court-monitored deferral, the matter shall proceed to stipulated trial as set forth in subsection (B)(4) of this section.

4. At any stipulated trial following revocation of a court-monitored deferral, the judge will read and review the factual record in determining the defendant’s guilt of the offense(s) and, based only upon the factual record, the judge will decide whether or not the defendant is guilty of the offense(s).

5. Following imposition of a finding of guilt, the matter may proceed immediately to sentencing or sentencing may be continued.