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PA Bulletin, Doc. No. 22-1246

THE COURTS

Title 255—LOCAL COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1793 S 1989

[52 Pa.B. 5125]
[Saturday, August 20, 2022]

Order

 And Now, this 5th day of July 2022, Dauphin County Local Rule of Criminal Procedure 301 is amended as follows:

Rule 301. Accelerated Rehabilitative Disposition in Summary Cases.

 [(a) Eligibility: Pursuant to the District Attorney's designation filed under Pa.R.Crim.P. 300B(2), all summary first offenders and summary juvenile offenders may apply for admission to the program with the following exceptions:

 (i) Any offense which is excluded by statute.

 (ii) Any offense under Title 75 (Vehicles).

 (iii) Any offense charged by local ordinance, with the exception of local ordinances prohibiting the public display of open containers of alcoholic beverages.

 (iv) Any offense which is the result of an original charge classified as a misdemeanor three or above, which is subsequently reduced.

 (v) Any offense which is joined with a court case which is held or waived for trial at a preliminary hearing.

 (b) Program Costs: The costs taxable under each docket number shall be $50 (fifty dollars), in addition to restitution, if any, both of which shall be payable no later than the day of admission to the program. The Magisterial District Judge may, in appropriate cases, waive or defer payment of the ARD fee. Restitution may not be waived. The defendant shall further agree, as a condition of the ARD program, to pay the costs of any recommended treatment and/or community service program, and further pay any assessed probation supervision fees.

 (c) Application: Eligible offenders may apply for ARD by completing an application, waivers of Rule 600 and applicable statutes of limitations, and submitting them to the Dauphin County District Attorney for preliminary investigation. The District Attorney shall have full authority to conduct a criminal and social background check and shall have access to any available records to confirm application information. The District Attorney shall further consider input from the victim, if any, and recommend restitution when appropriate. The District Attorney may then move for the defendant's inclusion in ARD.

 (d) Program Conditions: An offender admitted to ARD shall comply with the following:

 (i) Obey all federal, state and local penal laws, and all rules of probation.

 Complete a minimum of 20 hours of community service.

 (ii) Undergo a drug and alcohol evaluation, if required by the Magisterial District Judge, and complete any recommended treatment.

 (iii) Complete any other adjudication alternative program as directed by the Magisterial District Judge.

 (e) Program Admission and Completion: An eligible offender may be admitted to ARD by the Magisterial District Judge upon the motion of the District Attorney. Bail, security or other collateral shall terminate upon entry. Admission to ARD shall not affect any period of license suspension/revocation directed by statute. Upon satisfactory completion of the program, the charges against the defendant shall be dismissed. The record of arrest shall not be affected by the operation of this local rule, however upon successful completion of the program, the case record shall be sealed by the Magisterial District Judge.

 The Magisterial District Judge, in all cases where he/she finds the defendant guilty through trial and therefore ineligible for ARD, may refer the defendant to the program as part of a post-dispositional order. In all such cases the issuing authority shall consider imposing a fine with the provision that the fine be vacated or reduced if the defendant successfully completes the program. Restitution may not be reduced under this provision.

 (f) Program Monitoring: The Dauphin County Adult and Juvenile Probation departments, or representatives from an adjudication alternative program, or Pre-Trial Services, are hereby authorized to monitor and supervise a defendant's progress in the summary ARD program. Further such organizations shall inform the Magisterial District Judge of either the offender's successful completion, or the failure to complete, and in the latter case may testify as to the reasons thereof in program revocation proceedings. An allegation that the defendant has violated a condition of ARD must be brought during the term of the program, or if filed thereafter, within a reasonable time after the alleged violation was committed.

 (g) Revocation: Should a defendant fail to comply with any condition of the ARD program, he or she may be revoked from the program by order of the Magisterial District Judge at a revocation hearing where the defendant will be afforded an opportunity to be heard. The Magisterial District Judge may issue such process as is necessary to bring the defendant before the Court. Should the defendant fail to appear after receiving notice of a revocation hearing, the Magisterial District Judge may issue a warrant pursuant to Pa.R.Crim.P. 430. No appeal shall be allowed from a revocation order.

 Upon revocation from the summary ARD program, or if a defendant declines to accept the program, the case shall thereafter be scheduled for trial pursuant to Chapter 4 of the Pennsylvania Rules of Criminal Procedure.

 (h) Monthly Report: Magisterial District Judges shall submit a monthly report on the disposition of all cases which have applied for entry to ARD to the District Attorney. Should admission to ARD be denied, the reasons for such denial shall be included.]

 1. Pursuant to the election of the district attorney, in addition to those statutorily excluded, the following offenses and offenders shall not be considered for summary ARD:

 a. No offense under the Vehicle Code may be considered for disposition through summary ARD.

 b. Prior to admission to summary ARD, a CLEAN/NCIC criminal history check conducted by the affiant or other law enforcement agency must occur and be submitted for review by the magisterial district judge.

 c. No defendant with a prior conviction for any of the following offenses or an equivalent offense may be accepted into the ARD program for a summary offense:

 (1) Corrupt organizations in violation of 18 Pa.C.S. § 911;

 (2) Criminal homicide in violation of 18 Pa.C.S. § 2501;

 (3) Murder in any degree in violation of 18 Pa.C.S. § 2502;

 (4) Voluntary manslaughter in violation of 18 Pa.C.S. § 2503;

 (5) Involuntary manslaughter in violation of 18 Pa.C.S. § 2504;

 (6) Drug delivery resulting in death in violation of 18 Pa.C.S. § 2506;

 (7) Criminal homicide of unborn child in violation of 18 Pa.C.S. § 2603;

 (8) Murder in any degree of unborn child in violation of 18 Pa.C.S. § 2604;

 (9) Voluntary manslaughter of unborn child in violation of 18 Pa.C.S. § 2605;

 (10) Aggravated assault of unborn child in violation of 18 Pa.C.S. § 2606;

 (11) Aggravated assault in violation of 18 Pa.C.S. § 2702;

 (12) Arson and related offenses in violation of 18 Pa.C.S. § 3301;

 (13) Burglary in violation of 18 Pa.C.S. § 3502;

 (14) Robbery in violation of 18 Pa.C.S. § 3701;

 (15) Robbery of a motor vehicle in violation of 18 Pa.C.S. § 3702;

 (16) Dealing in proceeds of illegal activity in violation of 18 Pa.C.S. § 5111;

 (17) Any violation of 18 Pa.C.S. Ch. 31 (relating to Sexual Offenses);

 (18) Any violation of 18 Pa.C.S. Ch. 61 (relating to Firearms and Other Dangerous Articles);

 (19) Homicide by vehicle in violation of 75 Pa.C.S. § 3732;

 (20) Homicide by vehicle while driving under influence in violation of 75 Pa.C.S. § 3735;

 (21) Aggravated assault by vehicle while driving under influence in violation of 75 Pa.C.S. § 3735.1;

 (22) Criminal attempt, criminal solicitation, or criminal conspiracy to commit any of the above offenses.

 d. No defendant with a pending misdemeanor or felony charge or with a prior conviction for any misdemeanor or felony offenses for which imposition of sentence or for which the last date of imprisonment occurred within the prior ten years may be accepted into the ARD program for a summary offense.

 e. No defendant who has previously received ARD for a court case or a summary offense within ten years prior to the date of the current offense or within ten years prior to the proposed date of admission on the current offense may be accepted into the ARD program for a summary offense.

 2. Summary ARD is the only form of pretrial diversion permitted in summary criminal cases in Dauphin County.

 3. Upon accepting an applicant into summary ARD, issuing authority will charge a fee of up to $50.00, court costs, and any restitution. Court costs may be waived or reduced for indigent defendants only upon proof of indigence. Any defendant seeking waiver of court costs must make written application and such application shall be a public record.

 4. Upon accepting an applicant into summary ARD, issuing authority will set the term of ARD not to exceed a term of six months to complete conditions. The conditions will be in writing. Conditions may include community service of up to 30 hours.

 5. All summary ARD applications and dispositions must be recorded on the AOPC docket.

 6. If a defendant fails to comply with any condition of the summary ARD program, the magisterial district judge may issue process to bring the defendant before issuing authority for a revocation hearing. After a hearing, the magisterial district judge may revoke the defendant from the summary ARD program and schedule the case for trial. There shall be no right of appeal from an order of revocation from the summary ARD program. If a defendant fails to appear for the revocation hearing, the magisterial district judge may issue a warrant pursuant to Pa.R.Crim.P. 430(B).

 7. By the 5th of each month, the Deputy Court Administrator for Magisterial District Judges will file a report with the Clerk of Courts of all summary ARD applications and dispositions for the prior month. The reports will be filed under an MD docket.

 8. Accelerated Rehabilitative Disposition must be available for appropriate summary cases in all magisterial districts in the 12th Judicial District. Applications for summary ARD must be made available in each MDJ office.

 The previously listed amendments shall be published in the Pennsylvania Bulletin and will become effective thirty days from the date of publication.

By the Court

JOHN F. CHERRY, 
President Judge

[Pa.B. Doc. No. 22-1246. Filed for public inspection August 19, 2022, 9:00 a.m.]


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