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PA Bulletin, Doc. No. 01-1553

THE COURTS

Title 255--LOCAL
COURT RULES

CARBON COUNTY

Amendment of ''Addendum 1'' of the Administrative Criminal Case Management Plan as Referenced in Local Rules of Criminal Procedure; No. 103 MI 00

[31 Pa.B. 4641]

Administrative Order 19 - 2001

   And Now, this 13th day of August, 2001, it is hereby

   Ordered and Decreed that, effective thirty (30) days after publication in the Pennsylvania Bulletin, the Carbon County Court of Common Pleas hereby Amends ''Addendum 1'' of the Administrative Criminal Case Management Plan referenced in Carbon County's Local Rules of Criminal Procedure.

   The Carbon County District Court Administrator is Ordered and Directed to do the following:

   1.  File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Pennsylvania Criminal Procedural Rules Committee.

   4.  Forward one (1) copy for publication in the Carbon County Law Journal.

   5.  Forward one (1) copy to the Carbon County Law Library.

   6.  Keep continuously available for public inspection copies of the Order and Rule in the Clerk of Court's Office.

By the Court

RICHARD W. WEBB,   
President Judge

ADMINISTRATIVE CRIMINAL CASE MANAGEMENT PLAN

ALTERNATIVES FOR DRIVING UNDER THE INFLUENCE OFFENDERS

CARBON COUNTY

JIM THORPE, PENNSYLVANIA

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 ALL the ARD Program costs as may be set from time to time by Administrative Order.

   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.

   7.  PAY ALL the FAST TRACK ARD program costs as may be set from time to time by Administrative Order.

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

[Pa.B. Doc. No. 01-1553. Filed for public inspection August 24, 2001, 9:00 a.m.]



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