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PA Bulletin, Doc. No. 01-982


Title 255--LOCAL


Order Adopting Rules of Criminal Procedure; No. 203 Misc. 01

[31 Pa.B. 2922]


   Now this 18th day of May, 2001, the Court hereby adopts Luzerne County Rule of Criminal Procedure Nos. 300(B)(2) and amended Rule 301, effective immediately.

   It is further ordered that the District Court Administrator shall file seven (7) certified copies of this rule with the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Criminal Procedural Rules Committee, one (1) certified copy to the Judicial Council of Pennsylvania Statewide Rules Committee, and one (1) copy to the Luzerne Legal Register for publication in the next issue.

   It is further ordered that these local rules shall be kept continuously available for public inspection and copying in the Clerk of Court's Office.

By the Court

President Judge

Rule 300(B)(2).  Accelerated Disposition in Summary Cases.

   The district attorney of Luzerne County having filed a certification designating certain classes of offenders that may be considered for summary case ARD, summary ARD may only be approved for offenders charged with violations of 18 Pa.C.S. Section 6308. Purchase, consumption, possession or transportation of liquor or malt or brewed beverages, who have not previously participated in the summary ARD program.

Rule 301.  Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary.

   (a)  Program Costs: The administrative fee taxable under each application shall be $10.00 (ten dollars), which shall be collected by the program provider and paid over to the Luzerne County General Fund which shall be payable no later than the day of admission to the program. The defendant shall further agree, as a condition of the ARD program, to pay the fees of any recommended treatment and/or community service program and/or approved alternative adjudication program. Restitution, if any, shall be paid to the district justice.

   (b)  Application:

   i.  Application for summary ARD shall be made upon the same forms as used in the Court of Common Pleas in court cases.

   ii.  The issuing authority shall establish the duration and conditions of defendant's probation, and transmit two copies of the application, and note thereon the transmittal date to the District Attorney. If the District Attorney disapproves the application, he shall retain one copy and transmit one copy back to the issuing authority noting disapproval within 20 days of the transmittal of the application.

   (c)  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; and,

   ii.  Complete an approved adjudication alternative program as directed by the issuing authority; and,

   iii.  Undergo a drug and alcohol evaluation, if required by the issuing authority, and complete any recommended treatment.

   (d)  Program Admission and Completion: Unless the district attorney has disapproved the application, an eligible offender may be admitted to ARD by the issuing authority thirty days after transmittal of the application to 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 issuing authority.

   (e)  Program Monitoring: Representatives from an approved adjudication alternative program are hereby authorized to monitor and supervise a defendant's progress in the summary ARD program. Further such organizations shall inform the issuing authority of either the offender's successful completion, or the failure to complete, and in the latter case may testify as to the reasons therefor in program revocation proceedings.

   (f)  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 issuing authority at a revocation hearing where the defendant will be afforded an opportunity to be heard. The issuing authority 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 issuing authority may issue a warrant pursuant to Pa.R.Crim.P. 75. No appeal shall be allowed from a revocation order.

   Upon disapproval of the application by the district attorney, or upon revocation of the defendant's summary ARD program, or if a defendant declines to accept the program the case shall thereafter be scheduled for trial pursuant to Chapter 50 of the Pennsylvania Rules of Criminal Procedure.

   (g)  Monthly Report: Issuing authority shall submit a monthly report on the final disposition of all cases in which a defendant has applied for entry into the ARD program to the District Attorney.

   (h)  Adjudication alternative programs shall be approved by the Court of Common Pleas.

[Pa.B. Doc. No. 01-982. Filed for public inspection June 8, 2001, 9:00 a.m.]

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