234 Pa. Code Rule 318. Procedure on Charge of Violation of Conditions.

Rule 318. Procedure on Charge of Violation of Conditions.

(A)  If the attorney for the Commonwealth files a motion alleging that the defendant during the period of the program has violated a condition thereof, or objects to the defendant’s request for an order of discharge, the judge who entered the order for ARD may issue such process as is necessary to bring the defendant before the court.
(B)  A motion alleging such violation filed pursuant to paragraph (A) must be filed during the period of the program or, if filed thereafter, must be filed within a reasonable time after the alleged violation was committed.
(C)  When the defendant is brought before the court, the judge shall afford the defendant an opportunity to be heard. If the judge finds that the defendant has committed a violation of a condition of the program, the judge may order, when appropriate, that the program be terminated, and that the attorney for the Commonwealth shall proceed on the charges as provided by law. No appeal shall be allowed from such order.

Comment

   See Rules 600(A)(2)(c) and 1013(I) and Comments for the time within which to commence trial following a termination order.

   Official Note
   Rule 184 approved May 24, 1972, effective immediately; amended September 3, 1993, effective January 1, 1994; renumbered Rule 318 and amended March 1, 2000, effective April 1, 2001; Comment revised October 1, 2012, effective July 1, 2013.
   Committee Explanatory Reports:
   Report explaining the September 3, 1993 amendments published with the Court’s Order at 23 Pa.B. 4492 (September 25, 1993).
   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).
   Final Report explaining the October 1, 2012 Comment revision changing the Rule 600 reference published with the Court’s Order at 42 Pa.B. 6629 (October 20, 2012).

Source

   The provisions of this Rule 318 amended October 1, 2012, effective July 1, 2013, 42 Pa.B. 6622. Immediately preceding text appears at serial pages (264172) and (356531).

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