§1348-B.__Court hearing as to final disposition

1.__Unless a court hearing is sooner held under subsection 2, at the conclusion of the period of deferment, after notice, a person who was granted deferred disposition pursuant to section 1348-A shall return to court for a hearing on final disposition.__ If the court finds that the person has complied with the court- imposed deferment requirements, the court shall impose a sentence of unconditional discharge under section 1346, unless the attorney for the State, prior to sentence imposition, moves the court to allow the person to withdraw the plea of guilty.__Except over the objection of the defendant, the court shall grant the State's motion.__Following the granting of the State's motion, the attorney for the State shall dismiss the pending charging instrument with prejudice.__If the court finds that the person has inexcusably failed to comply with the court-imposed deferment requirements, the court shall impose a sentencing alternative authorized for the crime to which the person pled guilty.

2.__If during the period of deferment the attorney for the State has probable cause to believe that a person who was granted deferred disposition pursuant to section 1348-A has violated a court-imposed deferment requirement, the attorney for the State may move the court to terminate the remainder of the period of deferment and impose sentence.__Following notice and hearing, if the court finds by a preponderance of the evidence that the person has inexcusably failed to comply with a court-imposed deferment requirement, the court may continue the running of the period of deferment with the requirements unchanged, modify the requirements, add further requirements or terminate the running of the period of deferment and impose a sentencing alternative authorized for the crime to which the person pled guilty.__If the court finds that the person has not inexcusably failed to comply with a court-imposed deferment requirement, the court may order that the running of the period of deferment continue or, after notice and hearing, take any other action permitted under this chapter.

3.__A hearing under this section or section 1348-A must be held in the court that ordered the deferred disposition.__The hearing need not be conducted by the justice or judge who originally ordered the deferred disposition.

4.__The person at a hearing under this section or section 1348-A must be afforded the opportunity to confront and cross- examine witnesses against the person, to present evidence