Pennsylvania Bulletin

PA Bulletin, Doc. No. 01-395a

[31 Pa.B. 1326]

[Continued from previous Web Page]

ADDENDA
_______________________________________________

CARBON COUNTY COURTS
APPLICATION FOR CONTINUANCE
CIVIL--CRIMINAL
INSTRUCTIONS

1.  Applying counsel shall submit application for continuance to other counsel who will indicate in Sec. III, any opposition, or if none so indicate, and sign.

2.  Make copies of form for Filing Office, all counsel, pro se parties, and Court Administration.

3.  Application shall first be filed and then submitted to the Court, which will indicate action taken in Sec. V. Copies will be distributed as indicated in (2) above.

I.  Application is hereby made to continue the __ trial __ hearing __ argument __ conference __ plea __ sentencing __ arbitration scheduled in the following case:

       NO. _________________

VS DATE SCHEDULED _________________

             NO. OF PREVIOUS

             CONTINUANCES ___ by Plaintiff ___ by Defendant

II.  The application is made for the following reasons:

__ vacation

__ illness of atty. __ negotiating settlement __ record incomplete

__ illness of party __ expert unavailable __ counseling ordered

__ late sub of atty. __ party unavailable __ other--specify

__ conflict--atty. __ atty. unavailable __ ______

_________________
Signature of Counsel

_________________
Date

_________________
Representing

III.  Application is (opposed / not opposed) for the following reason:

_________________
Signature of Counsel

_________________
Date

_________________
Representing

IV.  (In criminal cases only) Attached hereto and made a part hereof is a duly executed waiver of defendant's right to a speedy trial under Pa.R. Crim.P. No. 600.

V.  Action taken by the Court.   AND NOW, _________________ ,
   __ Application is denied
   __ No further continuances.
   __ Application is granted and the case is continued to the date listed below. Counsel are hereby attached for this proceeding on the new date:

_________________
Judge

FORM ''I''

CARBON COURT OF COMMON PLEAS
CRIMINAL DIVISION
MOTION COURT COVER SHEET
__________

NO. __________

vs.

FILING OF: Commmonwealth(   )
Defendant (   )
__________
TYPE OF FILING (check one):

(   )    1. Application for Continuance

(   )    2. Motion for Discovery & Inspection (113)

(   )    3. Motion to Dismiss (115)

(   )    4. Omnibus Pretrial Motion (160)

(   )    5. Motion to Suppress (124)

(   )    6. Petition for Counsel-Conflict Case (213)

(   )    7. Petition to Consolidate (217)

(   )    8. Petition to Discharge (RCP 314) (220)

(   )    9. Petition for Special Furlough (225)

(   )  10. Petition for Parole (228)

(   )  11. Petition to Reconsider Sentence (240)

(   )  12. Petition to Revoke Parole (243)

(   )  13. Petition to Revoke Probation (246)

(   )  14. Petition to Reduce Bail (249)

(   )  15. Petition for Writ of Habeas Corpus (267)

(   )  16. Post Trial Motions (274)

(   )  17. Petition for Forfeiture (356)

(   )  18. Petition for Destruction (219)

(   )  19. Petition for Attorney Fees (227)

(   )  20. Other Motion or Petition (specify):

(   )  21. Response to:

OTHER ATTORNEY:

Attorney's Name (Typed)

Attorney for: (   )  Commonwealth      (   )  Defendant

N.B.  The numbers after the Motion or Petition above are docket codes used in the Court Computer System. Please be precise when checking your Motion or Petition. When filing Motion or Petition, provide Clerk with sufficient copies for opposing Counsel and filing Counsel.

THIS FORM IS AVAILABLE IN THE CLERK OF COURTS OFFICE

FORM ''II''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL

COMMONWEALTH OF PENNSYLVANIA :

:

:

vs.
: No.

:

:

:

STIPULATION TO THE REVOCATION OF ARD

   I, the Defendant in the above captioned case, hereby acknowledge receipt of a copy of the Petition for Revocation of ARD filed by the Carbon County Office of Adult Probation and Parole alleging that I have violated certain condition(s) of the ARD Program.

   I understand that I have the absolute right under Pennsylvania Rule of Criminal Procedure 318 to challenge the allegations contained in the Petition and to have a hearing in front of a Judge to determine whether or not I violated the condition(s) of the ARD Program.

   I voluntarily waive my right to challenge the allegations contained in the Petition and to have a hearing in front of a Judge to determine whether or not I violated the condition(s) of the ARD Program and I hereby consent to the Revocation of my placement in the ARD Program without the necessity of a hearing.

   I fully understand that, as a result of my consent to the Revocation of my placement in the ARD Program without the necessity of a hearing, my placement in the ARD Program will be automatically revoked and that the charges for which I was placed in the ARD Program will be scheduled for a Pre-Trial Conference before the District Attorney's Office for further disposition.

Date:  _________________

_________________
Defendant

FORM ''III''

   TO THE DEFENDANT:

PLEASE READ AND THEN REVIEW THE FOLLOWING INFORMATION WITH YOUR LAWYER. IT EXPLAINS THE RIGHTS YOU HAVE FOLLOWING SENTENCING. IF YOU DO NOT UNDERSTAND ANYTHING CONTAINED ON THIS DOCUMENT, ASK YOUR LAWYER OR THE SENTENCING JUDGE TO EXPLAIN IT TO YOU. DO NOT SIGN THIS DOCUMENT UNTIL YOU UNDERSTAND IT FULLY.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA :

:

VS.
: NO(S).

:

_________________ :

DEFENDANT

APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING

   1.  After you are sentenced, you have the right to file either a post-sentence motion or an appeal to the Superior Court of Pennsylvania.

   2.  If you wish to file a post-sentence motion, it must be filed with the Criminal Clerk of Courts of Carbon County no later than 10 days after the imposition of sentence.

   3.  If you wish to file an appeal, a notice of appeal must be filed with the Criminal Clerk of Courts of Carbon County, within 30 days of imposition of sentence. This is a right of appeal which you may exercise without filing a post-sentence motion. If you file a post-sentence motion, you would also have a right to appeal from an order deciding that motion or denying the motion by operation of law.

   4.  If you file a post-sentence motion, all requests for relief must be stated with specificity and particularity, and consolidated in the motion, which may include:

   (a)  a motion challenging the validity of a plea of guilty or nolo contendere, or the denial of a motion to withdraw a plea of guilty or nolo contendere;

   (b)  a motion of judgment of acquittal;

   (c)  a motion in arrest of judgement;

   (d)  a motion for a new trial; and/or

   (e)  a motion to modify sentence.

   5.  If you file a post-sentence motion, it and any supplemental motion you may be permitted to file, must be decided by the judge within 120 days of the filing of the original motion. The judge may, at your request, grant one 30 day extension for deciding the motion, if good cause is shown. If the judge fails to decide the motion within the allowed time, the motion will be denied by operation of law, and the clerk will enter an order denying the motion.

   6.  If you file a post-sentence motion, and wish to appeal from the order deciding or denying the motion, a notice of appeal must be filed with the Criminal Clerk of Courts of Carbon County, within 30 days of that order.

   7.  Whether or not you file a post-sentence motion, all issues raised before or during trial are preserved for appeal.

   8.  You have the right to assistance of counsel in the preparation of a post-sentence motion or any appeal. If you are indigent, you have the right to proceed without payment of costs and with counsel appointed to represent you without charge. If you are now represented by the Public Defender's Office and continue to qualify for their services, that office would continue to represent you without cost.

   9.  If you qualify for bail and are released on bail after sentencing, a condition of release will be that you either file a post-sentence motion and perfect an appeal, or, when no post-sentence motion is filed, perfect an appeal with the time permitted by law.

   I affirm that I have read the above information completely, that I understand its full meaning, and that I have been given a copy of this document for my records and review.

Date:  _________________

_________________
Signature of Defendant

   I, _________________ , Attorney for the above captioned defendant, state that I have advised my client of the meaning of this document and of his/her post-sentence and appeal rights as required by Pa. R. Crim. P. 704; that it is my belief that the defendant comprehends and understand those rights and what is set forth herein, and that Defendant has received a copy of this form.

_________________
Attorney for the Defendant

Form ''IV''

COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS

: OF CARBON COUNTY, PENNSYLVANIA

-VS- :

:

_________________ : NO. _________________

MEGAN'S LAW SUPPLEMENT TO GUILTY PLEA COLLOQUY

   One or more of the offenses to which you are pleading guilty will make you subject to the registration and notification provisions of Megan's Law relating to sexual offenders.

   The purpose of the following questions is to make certain that you understand how these provisions will affect you. Please answer all questions ''Yes'' or ''No.'' If there is anything that you do not understand, you should say so in writing on this form. You should also tell your lawyer and the Judge who hears your case so that they can explain it to you fully to make sure you understand all of your rights.

   After you have read and filled out this form, you should sign it on the last page (on the line marked ''Defendant''). You should also initial each page at the bottom where indicated, but only if you have read and have understood that page.

   1.  Do you understand that as a result of your conviction you will be required to register with the Pennsylvania State Police and inform them of your current address and any change of address within ten (10) days of such change? __________

   2.  Do you understand that failure to register or to update your registration is itself a crime, which may subject you to penalties, including imprisonment? __________

   3.  Do you understand that your registration information will be provided by the Pennsylvania State Police to the local police department of any community __________

   4.  Do you understand that the registration requirements will continue for the time period specified: ___ ten (10) years ___ for the rest of your life?__________

______
INITIALS

   5.  If this line _____ is checked, do you understand that the District Attorney has the right to request the Court to hold a hearing to determine whether you are a sexually violent predator, and if you are determined to be a sexually violent predator you will be subject to additional registration and notification requirements? These will include:

      Notification to your victim of your current address.

      Notification to your neighbors of your name and address, the offense of which you were convicted, the fact that you have been determined to be a sexually violent predator, which notification may be accompanied by your photograph.

      The foregoing notification will also be sent to the local children and youth services agency, superintendent of schools, daycare centers, and colleges and universities; it is also available to any member of the public upon request.

      Do you understand all of the above information relating to registration and notification requirements of persons determined to be sexually violent predators? ______

   6.  Do you understand that if you are determined to be a sexually violent predator, you will be required to attend and pay for monthly counseling sessions for the period you are required to register? __________

   I affirm that I have read the above document in its entirety and I understand its full meaning, and I am still nevertheless willing to enter a plea of guilty to the offenses specified. I further affirm that my signature and initials on each page of this document are true and correct.

Date: _________________

_________________
Defendant

   I, _________________ , Esquire, Attorney for _________________ , state that I have advised my client of the contents and meaning of this document; that it is my belief that he/she comprehends and understands what is set forth above; that I am prepared to try this case; and that the defendant understands what he/she is doing by pleading guilty.

Date: _________________

_________________
Attorney for the Defendant

FORM ''V''

ADMINISTRATIVE CRIMINAL CASE MANAGEMENT PLAN
_______________________________________________

Carbon County Court of Common Pleas
Criminal
Case Management Plan

President Judge John P. Lavelle

I.  Introduction

   In order to have an effective criminal justice system, cases must move through the system in a timely and predictable manner. No one benefits from delays in the criminal process. To provide a prompt and certain disposition of cases, the Court of Common Pleas for the Fifty-Sixth Judicial District of Pennsylvania hereby adopts a case management plan for Criminal cases. This plan shall govern all misdemeanor and felony cases filed on or after May 6, 1992. The adoption of this plan signifies court recognition of such elements of effective case management as:

   A.  Judicial Commitment to the Concept of Court Control.

   The Court must control the pace of litigation, because the Court is in a far better position than either the parties or their attorneys to assure that prompt and fair justice is done in all cases pending, and to assure effective and efficient use of Court resources paid for by taxpayers. The successful implementation of this plan depends upon the commitment of each District Justice and Judge of the 56th Judicial District to this principle.

   B.  Explicit Case-Processing Goals.

   Goal setting provides a focus for planning a case-management system and a benchmark for measuring its success. A Court should be able to meet reasonable time standards for prompt disposition of those cases which are standard types of cases in terms of their nature and legal issues. ''Exhibit A'', attached hereto, shows the time standards for criminal cases adopted by the American Bar Association, the recommendations of the National Center for Courts and the Proposed Standards of the Pennsylvania Association of Court Managers. The 56th Judicial District Case Management Plan will attempt to adhere to the proposed time standards of PACM.

   C.  Effective Communications with the Bar and Police.

   While attorneys should not control movement of the Court calendar, it is equally inappropriate for the Court to ignore the legitimate concerns of the trial bar. The Court should make reasonable accommodations to both prosecuting attorneys, defense attorneys and Borough and Township Police in the management of cases. The development and implementation of a case-management program should be done in coordination with the District Attorney's Office and the Public Defender's Office which handle the majority of cases which come through the Criminal Justice System.

   D.  Early and Continuous Court Supervision of Case Progress.

   In order to make prompt and fair case dispositions, the Court must monitor and control the progress of cases from the time a summons or complaint is filed in each case. Early monitoring will prevent cases from languishing unnecessarily for months or years, and promote certainty about when and how many cases will have to be listed for trial.

   E.  Trial-Date Certainty.

   Reasonable certainty about dates avoids aggravation, waste and unnecessary cost for parties and their attorneys. Moreover, national studies have found that nothing promotes pretrial dispositions more than the expectation that a trial is more likely than not to commence on or near the scheduled date. To assure reasonable trial-date certainty, a Court must use a reasonable ''overset factor'' in scheduling cases and must have a firm continuance policy.

   F.  A Functional Case Management Information System.

   For the Court to manage its cases effectively, it is necessary for Court decision makers to have relevant, accurate, and timely case information. To schedule cases for trial, for example, the Court must not only know what cases are ready for trial and how many Judges and courtrooms are available, but it must also know how many cases are likely to be plea bargained or be continued in order to have a reasonable overset factor and preserve the reasonable certainty of trial dates. The Carbon County Court Computer System will be particularly helpful in providing case management information.

   G.  A Plan for Attacking the Case Inventory.

   As an explicit expression of Court policy to promote Judge commitment and guide Court personnel and case participants, a case-management plan is an important tool for effective and efficient case management. The plan must address the manner in which cases already pending before the plan's effective date will be treated, in addition to describing how cases filed on or after the effective date will be handled.

II.  General Case-Management Policy Provisions

   For the management of criminal cases, the following provisions shall be uniformly applied by the Court.

   A.  Court Responsibility for Movement of its Calender.

   It shall be the responsibility of the Court to assure the fair and prompt disposition of all cases. Since the Court is in a far better position than counsel to assure prompt and fair disposition of all the cases before it, the Court shall exercise exclusive control over the scheduling of all Court Criminal proceedings. Recognizing the responsibilities of counsel on behalf of their clients and as officers of the Court, the Court shall make reasonable accommodations for members of the bar.

   B.  Firm Enforcement of Court Rules.

   Absent a showing for good cause, Rules of Court (including this case management plan) shall be strictly and uniformly followed and enforced by the Court.

   C.  Time Standards and Case Management Criteria.

   The Court shall manage all criminal cases to assure case dispositions within time standards set forth below. Mere agreement by counsel for all parties that a continuance be allowed shall not alone be sufficient ground for the Court to grant a continuance. In any case for which a continuance is granted, the matter shall be continued to a specified date.

   D.  Court Rulings on Motions.

   1.  Monitor and Review of Pending Rulings. The Motions and Petitions Coordinator shall monitor the status of all outstanding rulings on motions and make a monthly report thereon to the President Judge. In a meeting of the Judges, the President Judge shall make a quarterly review of outstanding rulings and address any problems that may be presented. The President Judge shall send notification after 90 days to any Judge who has failed to rule on any outstanding motion, with copies of said notification to counsel of record.

   2.  Semi Annual Reports under Pa.R.J.A. 703. In keeping with Rule 703.B (2) of the Pennsylvania Rules of Judicial Administration, the primary responsibility to ascertain and report on matters submitted and remaining undisposed, as required in Rule 703.B(1), shall be on each Judge.

   3.  Retroactive Application. Except in the Court's discretion, the requirements of this section shall not be applicable to matters pending before the effective date of this plan.

   E.  Continuous Calendar.

   Trial terms are discontinued. The Court shall schedule and hear trials after reasonable notice to parties and at such dates and times as shall assure fair and expeditious case dispositions.

III.  Specific Case Management Plan

   The Criminal Caseflow Management Plan which will be put into effect May 6, 1992 is based on the processing of standard types of criminal cases. Attached hereto and marked Exhibit ''B'' is a diagram of the Caseflow Chart. We recognize that the plan may create some logistical problems for the parties involved in implementing the plan. The plan is not cast in cement and it is the intent of the Court to address implementation problems as they occur.

   In setting up this plan, the Court has tried to follow the proposed time standards of the Pennsylvania Association of Court Managers and the National Center of the Courts' recommendations.

Goals:

   The following time-disposition goals apply:

   (a)  Preliminary hearing/waiver--98% within 30 days of complaint, if case initiated by arrest; 98% within 50 days of complaint if by summons;

   (b)  Court arraignment--98% within 45 days of preliminary hearing/waiver;

   (c)  Trials--90% within 150 days of complaint; 98% within 180 days;

   (d)  Sentences--90% within 30 days of guilt; 98% within 45 days.

   Each year the Calendar Office will prepare a Criminal Case Tracking Schedule which will carry out these goals.

Caseflow Master Plan:

   Carbon County will be divided into a Northern Division and Southern Division at the District Justice level. District Justice Lewis and District Justice Appleton will comprise the Southern Division and District Justice Kosciolek and District Justice Hadzick will comprise the Northern Division.

   Each District Justice will handle the Misdemeanor and Felony cases which originate in his or her office. All Preliminary Hearings will be scheduled in clusters for Wednesday every week. One District Justice from the Southern Division will schedule his Preliminary Hearings for 9:00 a.m. and the other District Justice from the Southern Division will schedule his Preliminary Hearings for 1:15 p.m. The same procedure will be followed in the Northern Division.

   Common Pleas Judges will be available and assigned for 10 weeks of criminal trials during the calendar year and any other time specifically set. The trial date given to defendants will be the first day of a trial week beginning between 4 and 5 months after filing of the complaint.

Preliminary Arraignment Before District Justice:

   1.  If a defendant is brought before the District Justice on an arrest warrant, he/she will receive, in addition to the other required papers, the following:

   (a)  Notice of Preliminary Hearing Date;

   (b)  Carbon County Guidelines for appointment of Public Defender;

   (c)  In cases deemed appropriate by the District Justice, an Application for ARD and a Criminal Record Information form. The District Justice will advise the Defendant to read the Guidelines carefully and contact the Public Defender's Office for an appointment if he/she believes he/she qualifies. The District Justice will also advise Defendant, if he is a first-time offender in a non violent crime, that he may qualify for the ARD program and should fill out the Application for ARD and the Prior Criminal Record Statement and send or bring both to the Preliminary Hearing at the District Justice's Office. If charged with a first-time DUI offense, the District Justice office will provide the defendant with information regarding Alternatives for Driving Under the Influence Offenders, attached hereto and referred to as ''Addendum 1''.

   2.  If the District Justice mails out a summons to the Defendant for his appearance before the District Justice, he will send a letter that will follow the form of Exhibit ''C'', attached hereto, and include the documents referred to therein and above.

Preliminary Hearings Before District Justice:

   1.  Appearances:

   (a)  An attorney representing a defendant at a preliminary hearing shall sign a praecipe for entrance of appearance and deliver the same to the District Justice before the beginning of the preliminary hearing.

   (b)  The District Justice shall transmit the praecipe for entrance of appearance with the docket transcript and the same shall be filed of record with the said docket transcript.

   (c)  This procedure for entry of appearance shall meet the requirements of Pa. R. Crim.P. 302(a).

   (C)  The District Attorney will assign, on or before the date the complaint is filed, an Assistant District Attorney to conduct the prosecution of all preliminary hearings and there will be a Public Defender at all preliminary hearings for all defendants who qualify for a public defender.

   (D)  The system will accommodate the desire of both the district attorney and public defender staffs that the same attorney will handle the case from preliminary hearing through trial. Cases from two District Justices are assigned to each Common Pleas Judge.

   4.  A significant percentage of cases can be expected to result eventually in ARD or guilty plea dispositions. In order to promote negotiation of a high percentage of those pleas and ARDs at the preliminary hearing (thereby accelerating the ultimate disposition of the case and avoiding needless motions and ''churning'' of the case), these events will occur at the preliminary hearing:

   (a)  The District Attorney will provide the defense attorney with a copy of all police reports, and will enlist the assistance of police departments in timely completion of such reports and supplemental reports;

   (b)  The defendant, as part of the negotiation process, will sign a form (Exhibit #1) listing his/her known prior record, acknowledge that the negotiations are contingent on the accuracy of the information, and acknowledge that an INTENTIONAL misstatement of the record can result in additional charges; and

   (c)  Where a Guilty Plea or ARD agreement is reached, a written Guilty Plea Agreement (Exhibit # 2) or ARD Agreement form (Exhibit # 3) will be completed. These cases will be scheduled utilizing the Criminal Case Tracking Schedule.

Scheduling at Preliminary Hearing:

   1.  A criminal case scheduling form (Exhibit #4) will be completed by the District Justice after each preliminary hearing/waiver. This form lists the Arraignment date, Pretrial Conference date, Last Date to Plea/Plea Day and Trial Date. A Criminal Case Tracking Schedule will be provided to the District Justices by the Court Calendar Officer. The original of the scheduling form shall be forwarded by the District Justice with the docket transcript to the Clerk of Court and a copy will be provided to the Defendant and Defense Counsel. (The preliminary hearings will be scheduled in clusters before the District Justices each Wednesday. It is anticipated that we will have a significant decrease in the number of preliminary hearings held.)

   2.  Waiver of Common Pleas Arraignment Forms (Exhibit #5) will be available in the District Justice Office at the time of the preliminary hearing. (It is anticipated that this form will be used very frequently and should result in a significant decease in the number of Common Pleas Arraignments.)

   3.  If a DUI ARD has been negotiated, telephonic arrangements will be made by the Secretary in the District Justice Office for scheduling of the CRN test, and the defendant will be provided with a written notice of his CRN schedule date and will acknowledge that date and time in writing.(Use Form Exhibit #6)

Arraignment at Common Pleas Level:

   1.  Local rule provides that arraignments, if not waived, will be conducted by the District Attorney within 45 days from preliminary hearing/waiver and within 20 days of filing the criminal information. Current arraignment forms, listing motion deadline information will be used. (Formal arraignments have been virtually eliminated in this case management system.)

Pretrial Conferences:

   1.  Pre-trial conferences will be held on all cases which have not been disposed at the Preliminary Hearing level. The scheduling grid provides that these Pretrial Conferences will be scheduled approximately 2--4 weeks before trial. They will be conducted by the District Attorney and his staff and a Judge will be available to participate if requested by both counsel for the Commonwealth and the Defense. All defendants must be present. THIS IS THE LAST DATE ON WHICH NEGOTIATED PLEAS WILL BE ACCEPTED. Pleas entered after this date will be ''open'' with respect to sentence.

Sentencings:

   1.  Most sentences are imposed at time of plea. If sentences are not imposed at the time of plea or verdict, cases will be scheduled for sentencing approximately 30 days thereafter.

Alternatives for Driving Under the Influence Offenders
CARBON COUNTY
Jim Thorpe, Pennsylvania

Trial or Guilty Plea

   First time conviction for Drunk Driving requires a MINIMUM of 48 hours in jail plus a $300.00 FINE.

   First time penalties could go as high as TWO YEARS in JAIL and $5,000.00 FINE.

   Conviction for Drunk Driving will automatically SUSPEND the driver's license for ONE YEAR.

   Conviction will require that the driver attend ALCOHOL SAFE DRIVING SCHOOL, AT THE DRIVER'S EXPENSE.

   Compliance with such rules and regulations as may be set forth by the Carbon County Courts and Probation Department.

NOTICE:  THERE ARE ALTERNATIVES TO TRIAL OR
GUILTY PLEA IF YOU ARE A FIRST TIME OFFENDER

Accelerated Rehabilitative Disposition

What is ARD?

   ARD is a ONE TIME alternative to trial, conviction, and the mandatory jail sentence.

   Upon application and completion of a probation period, which is established at a minimum of one year by the Court, the criminal charges are dismissed.

Who Qualifies for ARD?

   You may be eligible for ARD if you meet the following required standards for the program:

   1.  You have no prior DUI offenses.

   2.  NO serious injury, if an accident was involved.

   3.  Good Driving Record--An absence of excessive moving violations.

   4.  No extensive prior criminal history.

   5.  If applicant pleads guilty to any summary offense, he/she must sign a Waiver of Double Jeopardy Rights.

How Do I Get Into the ARD Program?

1. You must complete the application for the ARD program and send or bring it with you to the Preliminary Hearing at the District Justice's Office. Upon approval of the application, the matter is referred to the ARD Program Director for investigation. You will receive a notice to appear for an appointment with the ARD Director.

2. The District Justice's secretary will call and obtain an appointment for a CRN evaluation at the Carbon-- Monroe--Pike Drug and Alcohol Office, First Street, Lehighton, Pennsylvania. If the ARD applicant is found to meet all of the criteria for qualification which have been established by the ARD/DUI Program, the applicant may then be recommended by the District Attorney to the Court for placement into the ARD Program and will receive notice to appear for an ARD Hearing.

What Does Placement Into the Standard ARD Program Require You to Do?

1. Serve ONE YEAR probationary period.

2. SIX MONTH SUSPENSION of driving privileges.

3. ATTENDANCE AND COMPLETION of an ALCOHOL SAFE DRIVING PROGRAM at the Carbon--Monroe--Pike Drug and Alcohol Office.

4. COMPLETE a counseling program, if deemed necessary, and pay for same.

5. PAY the following ARD Program costs:

Standard ARD Administrative Fee $300.00

Monthly Offender Supervision Fee $300.00

(If Court ordered: 12 months at $25.00/month)

CRN Report $  35.00

(Rescheduling--Missed Appointments--CRN $  15.00

Court Costs (Approximate) $400.00

Safe Driving School Costs (Nine week course) $300.00

Safe Driving School Costs (Five week course) $150.00

Total Costs (Approximate) $1,350.00

6. COMPLIANCE with such rules and regulations as may be set forth by the Carbon County Courts and DUI Program.

NO JAIL TERM, IF ACCEPTED FOR
ACCELERATED REHABILITATIVE
DISPOSITION AND IT IS COMPLETED
SATISFACTORILY.

Fast Track Accelerated Rehabilitative Disposition

What Is Fast Track ARD?

   Like ARD, FAST TRACK is a ONE TIME alternative to trial, conviction and mandatory jail sentencing.

   Unlike Standard ARD, FAST TRACK ARD offers an incentive program for you to have your case handled in an accelerated manner.

Are There Any Additional Requirements for Fast Track ARD?

   Yes. There are additional requirements for you to become a candidate for FAST TRACK ARD.

You Must:

1. Complete the enclosed application and have it notarized.

2. SIGN an ARD written Waiver of your Preliminary Hearing and Arraignment.

FAILURE TO ATTEND ANY APPOINTMENTS OR SCHEDULED COURT APPEARANCES WILL RESULT IN DENYING YOUR ACCEPTANCE IN FAST TRACK ARD!

What Does Placement Into the ARD Fast Track Program Involve?

1. ONE YEAR probationary period.

2. TWO MONTH SUSPENSION of your operating privileges on the day of placement on the FAST TRACK ARD PROGRAM if you have a valid Pennsylvania license.

3. ATTENDANCE AND COMPLETION of an ALCOHOL SAFE DRIVING PROGRAM at the Carbon--Monroe--Pike Drug and Alcohol Office.

4. COMPLETION of a counseling program, if deemed necessary, and payment for same.

5. COMPLIANCE with such rules and regulations as may be set forth by the Carbon County Courts and the DUI Program.

6. PAY the following FAST TRACK ARD program costs:

Fast Track ARD Administrative Fee $400.00

Monthly Offender Supervision Fee $300.00

(If Court ordered: 12 months at $25.00/month)

CRN Report $  35.00

(Rescheduling--Missed Appointments--CRN $  15.00

Court Costs (Approximate) $400.00

Safe Driving School Costs (Nine week course) $300.00

Safe Driving School Costs (Five week course) $150.00

Total Costs (Approximate) $1,450.00

NO JAIL TERM, IF ACCEPTED FOR THE FAST TRACK
ACCELERATED REHABILITATIVE DISPOSITION AND
THE PROGRAM IS COMPLETED SATISFACTORILY.

ADDENDUM ''1''

Comparative Time Standards

Criminal ABA Standards National Proposed Standards

Center

Recommendations

Overall: From Arrest: From Arrest: From Complaint: From Complaint

Incarcerated Not Incarcerated

Felony 90% within 120 days 90% within 150 days 90% within 180 days

98% within 180 days 98% within 180 days 98% within 240 days

100% within 1 year

Misdemeanors 90% within 30 days 90% within 150 days 90% within 180 days

100% within 90 days 98% within 180 days 98% within 240 days

Summaries 90% within 30 days 90% within 30 days

100% within 90 days 98% within 90 days

Priority for incarcerated defendants

ARD Application given at preliminary hearing or waiver thereof Fast track system for first time DUI

Summary Appeals 90% within 60 days

98% within 90 days

Intermediate:

Preliminary
Arraignments Within 24 hours of arrest Within 24 hours of arrest Within 24 hours of arrest

Preliminary
Hearings 3 to 10 days except for good cause shown 98% within 30 days if initiated by arrest 98% within 45 days initiated by summons

Formal
Arraignment Within 3 weeks of preliminary hearing; not less than twice a week; conducted by a non-judge Within 3 weeks of preliminary hearing; not less than twice a week; conducted by non-judge Within 5 weeks preliminary hearing; not less than twice a week; conducted by a non-judge

Information Not later than 10 days prior to arraignment Not later than 5 days prior to arraignment Not later than 5 days prior to arraignment

Delivery of
Discoverable
Information
Not later than 10 days prior to arraignment As received As received

Trials 60-90 days from formal arraignment Schedule for 60-90 days from formal arraignment Schedule for 60-120 days from formal arraignment

Post-Verdict
Actions:

Post Verdict
Motions Motions taken orally immediately after trial; ruling within 5 days of argument Eliminated in favor of optional post-sentence motions

PSI Report Use short form Use short form

Sentencing Not later than 30 days after verdict 90% within 30 days
98% within 60 days

Post-Sentence
Motions Optional; right to direct appeal on issues preserved at pre-trial and trial.

EXHIBIT ''A''

Criminal Caseflow Management System
(Effective May 6, 1992)
Carbon County Criminal Case Flow Chart*

Arraignment ARDS &

Arrest or Fast Track Other Pleas

Complaint Preliminary ARD/DUI
Pre-Trial (Last Day Jury

Filed Hearing Guilty Plea Conference To Plea) Selection Sentencing

Within 30 days if initiated by arrest within 50 days if initiated by summons Within 40 days from preliminary hearing Within 30 days from arraignment 2--15 days from pretrial conference 4-32 days from last day to plea Within 45 days after plea or verdict

Every
Wednesday Every Wednesday (If not sentenced at guilty plea or verdict)

+30 +70 +100 +110 +142 (182)

*The County will be divided into a Northern Division and Southern Division for Preliminary Hearings in Misdemeanor and Felony Cases. Four District Justices will conduct Preliminary Hearings in clusters every Wednesday. One District Justice in each division will conduct their Preliminary Hearings commencing at 9:00 A.M. and one District Justice in each Division will conduct their Preliminary Hearings commencing at 1:15 p.m.

N.B.  DELIVERY OF DISCOVERABLE INFORMATION--AS RECEIVED

(Rev. June 1, 1997)

EXHIBIT ''B''

[Continued on next Web Page]

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

[31 Pa.B. 1326]

[Continued from previous Web Page]

ADDENDA
_______________________________________________

CARBON COUNTY COURTS
APPLICATION FOR CONTINUANCE
CIVIL--CRIMINAL
INSTRUCTIONS

FORM ''I''

CARBON COURT OF COMMON PLEAS
CRIMINAL DIVISION
MOTION COURT COVER SHEET
__________

TYPE OF FILING (check one):

OTHER ATTORNEY:

THIS FORM IS AVAILABLE IN THE CLERK OF COURTS OFFICE

FORM ''II''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL

STIPULATION TO THE REVOCATION OF ARD

FORM ''III''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION

APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING

Form ''IV''

MEGAN'S LAW SUPPLEMENT TO GUILTY PLEA COLLOQUY

FORM ''V''

ADMINISTRATIVE CRIMINAL CASE MANAGEMENT PLAN
_______________________________________________

Carbon County Court of Common Pleas
Criminal
Case Management Plan

I. Introduction

II. General Case-Management Policy Provisions

III. Specific Case Management Plan

Alternatives for Driving Under the Influence Offenders
CARBON COUNTY
Jim Thorpe, Pennsylvania

Accelerated Rehabilitative Disposition

Fast Track Accelerated Rehabilitative Disposition

ADDENDUM ''1''

Comparative Time Standards

EXHIBIT ''A''

Criminal Caseflow Management System
(Effective May 6, 1992)
Carbon County Criminal Case Flow Chart*

EXHIBIT ''B''

[Continued on next Web Page]

	NO. _________________
VS	DATE SCHEDULED _________________
	NO. OF PREVIOUS
	CONTINUANCES ___ by Plaintiff ___ by Defendant

__ vacation
__ illness of atty.	__ negotiating settlement	__ record incomplete
__ illness of party	__ expert unavailable	__ counseling ordered
__ late sub of atty.	__ party unavailable	__ other--specify
__ conflict--atty.	__ atty. unavailable	__ ______

( ) 1.	Application for Continuance
( ) 2.	Motion for Discovery & Inspection (113)
( ) 3.	Motion to Dismiss (115)
( ) 4.	Omnibus Pretrial Motion (160)
( ) 5.	Motion to Suppress (124)
( ) 6.	Petition for Counsel-Conflict Case (213)
( ) 7.	Petition to Consolidate (217)
( ) 8.	Petition to Discharge (RCP 314) (220)
( ) 9.	Petition for Special Furlough (225)
( ) 10.	Petition for Parole (228)
( ) 11.	Petition to Reconsider Sentence (240)
( ) 12.	Petition to Revoke Parole (243)
( ) 13.	Petition to Revoke Probation (246)
( ) 14.	Petition to Reduce Bail (249)
( ) 15.	Petition for Writ of Habeas Corpus (267)
( ) 16.	Post Trial Motions (274)
( ) 17.	Petition for Forfeiture (356)
( ) 18.	Petition for Destruction (219)
( ) 19.	Petition for Attorney Fees (227)
( ) 20.	Other Motion or Petition (specify):
( ) 21.	Response to:

COMMONWEALTH OF PENNSYLVANIA	:
	:
VS.	:	NO(S).
	:
_________________	:
DEFENDANT

COMMONWEALTH OF PENNSYLVANIA	:	IN THE COURT OF COMMON PLEAS
	:	OF CARBON COUNTY, PENNSYLVANIA
-VS-	:
	:
_________________	:	NO. _________________

1.	Serve ONE YEAR probationary period.
2.	SIX MONTH SUSPENSION of driving privileges.
3.	ATTENDANCE AND COMPLETION of an ALCOHOL SAFE DRIVING PROGRAM at the Carbon--Monroe--Pike Drug and Alcohol Office.
4.	COMPLETE a counseling program, if deemed necessary, and pay for same.
5.	PAY the following ARD Program costs:
	Standard ARD Administrative Fee	$300.00
	Monthly Offender Supervision Fee	$300.00
	(If Court ordered: 12 months at $25.00/month)
	CRN Report	$ 35.00
	(Rescheduling--Missed Appointments--CRN	$ 15.00
	Court Costs (Approximate)	$400.00
	Safe Driving School Costs (Nine week course)	$300.00
	Safe Driving School Costs (Five week course)	$150.00
	Total Costs (Approximate)	$1,350.00
6.	COMPLIANCE with such rules and regulations as may be set forth by the Carbon County Courts and DUI Program.
	NO JAIL TERM, IF ACCEPTED FOR ACCELERATED REHABILITATIVE DISPOSITION AND IT IS COMPLETED SATISFACTORILY.

1.	Complete the enclosed application and have it notarized.
2.	SIGN an ARD written Waiver of your Preliminary Hearing and Arraignment.
	FAILURE TO ATTEND ANY APPOINTMENTS OR SCHEDULED COURT APPEARANCES WILL RESULT IN DENYING YOUR ACCEPTANCE IN FAST TRACK ARD!

1.	ONE YEAR probationary period.
2.	TWO MONTH SUSPENSION of your operating privileges on the day of placement on the FAST TRACK ARD PROGRAM if you have a valid Pennsylvania license.
3.	ATTENDANCE AND COMPLETION of an ALCOHOL SAFE DRIVING PROGRAM at the Carbon--Monroe--Pike Drug and Alcohol Office.
4.	COMPLETION of a counseling program, if deemed necessary, and payment for same.
5.	COMPLIANCE with such rules and regulations as may be set forth by the Carbon County Courts and the DUI Program.
6.	PAY the following FAST TRACK ARD program costs:
	Fast Track ARD Administrative Fee	$400.00
	Monthly Offender Supervision Fee	$300.00
	(If Court ordered: 12 months at $25.00/month)
	CRN Report	$ 35.00
	(Rescheduling--Missed Appointments--CRN	$ 15.00
	Court Costs (Approximate)	$400.00
	Safe Driving School Costs (Nine week course)	$300.00
	Safe Driving School Costs (Five week course)	$150.00
	Total Costs (Approximate)	$1,450.00
	NO JAIL TERM, IF ACCEPTED FOR THE FAST TRACK ACCELERATED REHABILITATIVE DISPOSITION AND THE PROGRAM IS COMPLETED SATISFACTORILY.

Criminal	ABA Standards	National	Proposed Standards
		Center
		Recommendations
Overall:	From Arrest:	From Arrest:	From Complaint:	From Complaint
			Incarcerated	Not Incarcerated

Felony	90% within 120 days		90% within 150 days	90% within 180 days
	98% within 180 days		98% within 180 days	98% within 240 days
	100% within 1 year

Misdemeanors	90% within 30 days		90% within 150 days	90% within 180 days
	100% within 90 days		98% within 180 days	98% within 240 days

Summaries	90% within 30 days		90% within 30 days
	100% within 90 days		98% within 90 days

	Priority for incarcerated defendants

ARD		Application given at preliminary hearing or waiver thereof	Fast track system for first time DUI

Summary Appeals			90% within 60 days
			98% within 90 days
Intermediate:
Preliminary Arraignments		Within 24 hours of arrest	Within 24 hours of arrest	Within 24 hours of arrest

Preliminary Hearings		3 to 10 days except for good cause shown	98% within 30 days if initiated by arrest	98% within 45 days initiated by summons

Formal Arraignment		Within 3 weeks of preliminary hearing; not less than twice a week; conducted by a non-judge	Within 3 weeks of preliminary hearing; not less than twice a week; conducted by non-judge	Within 5 weeks preliminary hearing; not less than twice a week; conducted by a non-judge

Information		Not later than 10 days prior to arraignment	Not later than 5 days prior to arraignment	Not later than 5 days prior to arraignment

Delivery of Discoverable Information		Not later than 10 days prior to arraignment	As received	As received

Trials		60-90 days from formal arraignment	Schedule for 60-90 days from formal arraignment	Schedule for 60-120 days from formal arraignment

Post-Verdict Actions:

Post Verdict Motions		Motions taken orally immediately after trial; ruling within 5 days of argument	Eliminated in favor of optional post-sentence motions

PSI Report		Use short form	Use short form

Sentencing		Not later than 30 days after verdict	90% within 30 days 98% within 60 days

Post-Sentence Motions			Optional; right to direct appeal on issues preserved at pre-trial and trial.

		Arraignment		ARDS &
Arrest or		Fast Track		Other Pleas
Complaint	Preliminary	ARD/DUI	Pre-Trial	(Last Day	Jury
Filed	Hearing	Guilty Plea	Conference	To Plea)	Selection	Sentencing

Within 30 days if initiated by arrest within 50 days if initiated by summons	Within 40 days from preliminary hearing	Within 30 days from arraignment	2--15 days from pretrial conference	4-32 days from last day to plea	Within 45 days after plea or verdict

Every Wednesday	Every Wednesday				(If not sentenced at guilty plea or verdict)
	+30	+70	+100	+110	+142	(182)

[31 Pa.B. 1326]

[Continued from previous Web Page]

ADDENDA_______________________________________________

CARBON COUNTY COURTS APPLICATION FOR CONTINUANCE CIVIL--CRIMINAL INSTRUCTIONS

FORM ''I''

CARBON COURT OF COMMON PLEAS CRIMINAL DIVISION MOTION COURT COVER SHEET __________

TYPE OF FILING (check one):

OTHER ATTORNEY:

THIS FORM IS AVAILABLE IN THE CLERK OF COURTS OFFICE

FORM ''II''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL

STIPULATION TO THE REVOCATION OF ARD

FORM ''III''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION

APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING

Form ''IV''

MEGAN'S LAW SUPPLEMENT TO GUILTY PLEA COLLOQUY

FORM ''V''

ADMINISTRATIVE CRIMINAL CASE MANAGEMENT PLAN_______________________________________________

Carbon County Court of Common Pleas Criminal Case Management Plan

I. Introduction

II. General Case-Management Policy Provisions

III. Specific Case Management Plan

Alternatives for Driving Under the Influence Offenders CARBON COUNTY Jim Thorpe, Pennsylvania

Accelerated Rehabilitative Disposition

Fast Track Accelerated Rehabilitative Disposition

ADDENDUM ''1''

Comparative Time Standards

EXHIBIT ''A''

Criminal Caseflow Management System (Effective May 6, 1992) Carbon County Criminal Case Flow Chart*

EXHIBIT ''B''

[Continued on next Web Page]

ADDENDA
_______________________________________________

CARBON COUNTY COURTS
APPLICATION FOR CONTINUANCE
CIVIL--CRIMINAL
INSTRUCTIONS

CARBON COURT OF COMMON PLEAS
CRIMINAL DIVISION
MOTION COURT COVER SHEET
__________

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION

ADMINISTRATIVE CRIMINAL CASE MANAGEMENT PLAN
_______________________________________________

Carbon County Court of Common Pleas
Criminal
Case Management Plan

Alternatives for Driving Under the Influence Offenders
CARBON COUNTY
Jim Thorpe, Pennsylvania

Criminal Caseflow Management System
(Effective May 6, 1992)
Carbon County Criminal Case Flow Chart*