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PA Bulletin, Doc. No. 21-1564

THE COURTS

Title 255—LOCAL COURT RULES

BUCKS COUNTY

Adoption of District Court Diversionary Program; Administrative Order No. 90

[51 Pa.B. 6022]
[Saturday, September 18, 2021]

Order

 And Now, this 22nd day of July, 2021, Administrative Order No. 90, adopted May 7, 2018, effective July 1, 2018, District Court Diversionary Program, is amended to read in its entirety as follows:

 In order to address the abuse of opioids and other drugs prevalent in our society by immediate treatment for offenders charged at the earliest point in our criminal justice system and to allow for alternative dispositions, the District Court Diversionary Program (''DCDP'') is hereby authorized and approved by the Court, and shall be implemented as follows:

 Defendants who are residents of Bucks County may be referred by the Magisterial District Judge, at or prior to the preliminary hearing, to the Office of the District Attorney (''District Attorney'') for consideration for diversion for treatment for drug-related behavioral problems.

I. DCDP Dismissal

 1. If the defendant's case is referred for DCDP dismissal, the Magisterial District Judge shall continue the preliminary hearing to permit the defendant to be assessed to determine whether the defendant must participate in a drug treatment program. If the defendant is assessed and determined to not need treatment, then the defendant shall be mandated to take a one-day decisions class.

 2. To qualify for a referral to the DCDP, a defendant who is charged with violations of Sections 780-113(a)(16), (31) and (32) of the Controlled Substance, Drug, Device and Cosmetic Act (''the Act'') related to marijuana must meet the following qualifications:

 a. Be approved by the District Attorney;

 b. Execute a waiver of the preliminary hearing and a waiver of the Rule 600 right to a speedy trial;

 c. Execute any appropriate documents for the District Attorney and the Court, including irrevocable waivers related to treatment programs; and

 d. Agree to comply with treatment conditions and to report to the Court as directed.

 3. To qualify for a referral to the DCDP, a defendant who is charged with violations of Sections 780-113(a)(16) and (32) of the Act related to any controlled substance other than marijuana must meet the following qualifications:

 a. Be approved by the District Attorney;

 b. Have no prior criminal convictions;

 c. Execute a waiver of the preliminary hearing and a waiver of the Rule 600 right to a speedy trial;

 d. Execute any appropriate documents for the District Attorney and the Court, including irrevocable waivers related to treatment programs; and

 e. Agree to comply with treatment conditions and to report to the Court as directed.

 4. All costs associated with the DCDP shall be borne by the defendant, unless waived due to indigency by the referring Magisterial District Judge with the agreement of the District Attorney.

 5. Upon completion of all treatment conditions and supervisory period imposed as a result of the drug assessment and payment of all costs, the criminal charges shall be dismissed by the Magisterial District Judge and all records of the charges shall be expunged for first time offenders from the system, except that the District Attorney shall retain a record of the defendant's participation in the program. The District Attorney may agree in his discretion to expunge any other offender's arrest upon application of the offender and for good cause shown.

 6. Should the defendant fail to complete the DCDP, then the case will proceed through the normal criminal case process in the Court of Common Pleas.

II. DCDP Probation

 1. If a defendant is charged with violations of Sections 780-113(a)(16) and (32) of the Act and has a prior conviction or convictions, said defendant's case may be referred for DCDP probation.

 a. In such cases, defendants must meet the following qualifications:

 i. Be approved by the District Attorney;

 ii. Execute any appropriate documents for the District Attorney and the Court; and

 iii. Enter a negotiated plea of guilty to the charge of possession of drug paraphernalia pursuant to Section 780-113(a)(32) of the Act.

 b. Upon entry of the negotiated guilty plea, the Magisterial District Judge shall sentence the defendant to 6 months of probation, subject to the following conditions:

 i. compliance with all rules and regulations of the Bucks County Department of Adult Probation and Parole;

 ii. adherence to any treatment recommendations rendered following drug and alcohol assessment; and

 iii. payment of court costs, unless waived due to indigency by the presiding judge with the agreement of the District Attorney.

 c. Should any defendant violate the conditions of probation imposed by the Court in a matter referred to the DCDP, a probation violation hearing shall be scheduled before the Bucks County Court of Common Pleas.

 Current eligibility criteria for the DCDP shall be made available by the District Attorney posting said criteria on the District Attorney's website and providing said criteria to each Magisterial District Court office for distribution.

 The eligibility requirements for the DCDP outlined herein may be modified by approval of the President Judge upon recommendation of the District Attorney, without the need for further amendment of this Order.Such modification(s) shall be published on the website of the District Attorney and provided to each Magisterial District Court office for distribution.

By the Court

WALLACE H. BATEMAN, Jr., 
President Judge

[Pa.B. Doc. No. 21-1564. Filed for public inspection September 17, 2021, 9:00 a.m.]


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