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PA Bulletin, Doc. No. 96-674

THE COURTS

NORTHAMPTON COUNTY

Administrative Order 1996-3--A.R.D. in Summary Cases; Misc. 122-1996

[26 Pa.B. 2003]

Order of Court

   And Now, this 10th day of April, 1996, Northampton County Administrative Order 1996-3--A.R.D. in Summary Cases--is hereby adopted as follows, effective thirty (30) days after publication in the Pennsylvania Bulletin.

   Seven (7) certified copies of the within Administrative Order shall be filed with the Administrative Office of Pennsylvania Courts; two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and one (1) certified copy shall be filed with the Pennsylvania Criminal Procedural Rules Committee. One (1) copy of this Administrative Order shall be kept available in the Office of the Clerk of Courts. A copy is directed to be published in the Northampton County Reporter.

Order of Court

   And Now, this 10th day of April, 1996, pursuant to Pa.R.Crim.P. 160(d), the Court adopts the following local procedure for A.R.D. in summary cases:

   1.  The following types of summary cases shall be eligible for A.R.D., to be supervised by the District Justice, pursuant to Pa.R.Crim.P. 161:

   a.  Retail theft. 18 Pa.C.S.A. § 3929(a), (b)(1)(i).

   b.  Purchase, consumption, possession, or transportation of intoxicating beverages by one less than 21 years of age. 18 Pa.C.S.A. § 6308.

   c.  Misrepresentation of age to secure liquor or malt or brewed beverages by one less than 21 years of age. 18 Pa.C.S.A. § 6307.

   d.  Carrying a false identification card. 18 Pa.C.S.A. § 6310.3.

   2.  Admission shall be requested within ten (10) days of receipt of the citation or summons. Extensions of the application period may be granted by the District Justice for good cause. The District Justice shall determine eligibility for summary A.R.D. within seventy-two (72) hours of the submission of the application.

   3. a.  A District Justice shall notify the Minor-Judiciary Administrator when a defendant is placed in A.R.D. for a summary matter.

   b.  The Minor-Judiciary Administrator shall maintain a list of all defendants placed in A.R.D. in a summary matter.

   4. a.  No defendant who has previously been placed in an A.R.D. program in any court shall be admitted to A.R.D. in a summary matter.

   b.  A defendant who applies for A.R.D. in a summary matter shall execute the following:

AFFIDAVIT

   I have not previously been placed in an A.R.D. program in any court at either the common pleas or district justice level. I make this statement subject to the penalties of 18 Pa.C.S.A. 4904, relating to unsworn falsification to authorities.

______
______
Date
Name

   c.  Prior to placing a defendant in A.R.D., the District Justice shall determine that the defendant has not previously been placed in A.R.D. in a summary matter in this judicial district by contacting the Minor-Judiciary Administrator.

   5.  Costs of supervision and restitution, if any, must be paid in full before admission to the A.R.D. program. These costs include court costs incident to a non-traffic summary offense and any costs incident to the program to which the defendant is referred.

   6.  The defendant shall be notified in writing of acceptance or rejection from A.R.D.

   a.  If accepted, defendant shall appear at a time designated by the District Justice for completion of all documentation incident to admission to A.R.D.

   b.  If rejected, the District Justice shall notify defendant that he has ten (10) days to enter his plea and the case shall proceed in accord with Chapter 50 of the Pennsylvania Rules of Criminal Procedure.

   7.  The District Justice shall schedule and notify the defendant at the time of admission to A.R.D. of a hearing date to determine if all A.R.D. requirements have been met within ninety (90) days of the entry into A.R.D.

   8.  Requests for continuance of said hearing shall be denied, except in compelling circumstances. No continuance shall be for more than seven (7) days.

   9.  A defendant accepted into A.R.D. for retail theft shall be referred to the Stoplift program conducted by THE PROGRAM for Women and Families. A defendant accepted for the alcohol-related offenses shall be referred to the Alcohol and Drug Dependence Center--Lehigh Valley for counseling. Successful completion of the rehabilitation program shall be required.

   10.  Each District Justice shall file a report on a monthly basis with the Minor-Judiciary Administrator setting forth the disposition and completion or non-completion of all program requirements. If a defendant eligible for A.R.D. is not admitted, the District Justice shall include the reasons therefor in the report. Upon successful completion of all requirements, the defendant's case shall be dismissed and defendant discharged.

   11.  If defendant declines A.R.D. or fails to successfully complete the program requirements, the case shall pro-ceed in accord with Chapter 50 of the Pennsylvania Rules of Criminal Procedure.

   12.  No summary case shall remain ''active'' for purposes of A.R.D. supervision in excess of ninety (90) days.

   13.  The following shall be displayed in each District Justice office:

NOTICE TO THOSE CHARGED WITH
SUMMARY RETAIL THEFT OR
UNDERAGE ALCOHOL-RELATED OFFENSES

   You may be eligible to participate in a program (A.R.D.) which will result in dismissal of the charge against you. The A.R.D. program is available for defendants who have not previously been placed into an A.R.D. program.

   You must pay all costs and restitution before admission to the A.R.D. program. You will be required to attend a counseling program for up to ninety (90) days. If you successfully complete the program, the charge against you will be dismissed. If you want to apply for the A.R.D. program, notify the District Justice immediately.

By the Court

ROBERT A. FREEDBERG,   
President Judge

[Pa.B. Doc. No. 96-674. Filed for public inspection April 26, 1996, 9:00 a.m.]


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