THE COURTS

WESTMORELAND COUNTY

Summary A.R.D.; Rule WC300; No. 3 of 2001

[31 Pa.B. 4644]

Order

   And Now, this 7th day of August, 2001, pursuant to the August 7, 2001 Certification of Westmoreland County District Attorney John W. Peck, Westmoreland County Rule of Criminal Procedure WC300 is rescinded and new Rule WC300 is adopted. This rule will be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

CHARLES H. LOUGHRAN,   
President Judge

Rule WC300.  Accelerated Rehabilitative Disposition in Summary Cases.

   (a)  The District Attorney of Westmoreland County has filed a certification, and has elected that ARD in summary cases proceed before the Minor Judiciary pursuant to Pa.R.Crim.P. 300 and 301. The following summary charges are certified eligible for Summary A.R.D.

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

   (2)  Purchase, consumption, possession or transportation of intoxicating beverages by one less than 21 year of age. 18 Pa.C.S.A. § 6308.

   (3)  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.

   (4)  Carrying a false identification card. 18 Pa.C.S.A. § 6310.3

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

   (c)  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.

   (d)  Prior to placing a defendant in the Summary A.R.D. Program, 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 Court Administrator.

   (e)  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

   (f)  Costs of supervision and restitution must be paid in full before admission to the Summary 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.

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

   (1)  If accepted, the defendant shall appear at a time designated by the District Justice to complete all program documentation.

   (2)  If rejected, the District Justice shall notify the defendant that he/she has ten days to enter a plea and that the case will proceed under Chapter 4 of the Pennsylvania Rules of Criminal Procedure.

   (h)  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. The hearing shall be held within ninety days of the entry into A.R.D. Requests for continuance of said hearing shall be denied, except in compelling circumstances. No continuance shall be for more than seven days.

   (i)  A defendant accepted into A.R.D. for retail theft shall be referred to the Allegheny Institute's Retail Theft Alternative Program. A defendant accepted for the alcohol-related offenses shall be referred to the Comprehensive Substance Abuse Services' Underage Drinking Program. Successful completion of the program shall be required.

   (j)  The following are the reporting and record keeping requirements under this Rule:

   (1)  The district Justice shall make every effort to assure that the defendant has not previously participated in the Summary ARD program.

   (2)  Each District Justice shall file a report on a monthly basis setting forth the disposition and completion or non-completion of all program requirements with the Court Administrator. If a defendant eligible for A.R.D. is not admitted, the District Justice shall include the reasons therefore in the report.

   (k)  Upon successful completion of all requirements, the defendant's case shall be dismissed and the defendant discharged.

   (l)  If the defendant declines A.R.D. or fails to successfully complete the program, the case shall proceed in accord with Chapter 50 of the Pennsylvania Rules of Criminal Procedure.

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

   (n)  The following shall be displayed in each District Justice office:

NOTICE TO THOSE CHARGED WITH
SUMMARY RETAIL THEFT OF 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

_________________PJ

[Pa.B. Doc. No. 01-1557. Filed for public inspection August 24, 2001, 9:00 a.m.]

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