234 Pa. Code Rule 302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas

234 Pa. Code Rule 302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas—Local Option.

Rule 302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas—Local Option.

(A)  When the district attorney has filed a certification to proceed by local option under Rule 300, after institution of criminal proceedings in a summary case, the issuing authority, the defendant, the defendant’s attorney, or any other interested person may request that the district attorney consider the defendant’s case for inclusion in the Accelerated Rehabilitative Disposition Program.
(B)  If the district attorney decides to move for the defendant’s inclusion in an ARD program, the case shall proceed as provided in Rules 311—320, subject to the local procedures formulated by the president judge pursuant to Rule 300(D).
(C)  If the district attorney decides not to move for the defendant’s inclusion in an ARD program, or if the defendant declines to accept or fails to complete the program, or if the judge does not accept the case for ARD, the case shall be referred to the proper issuing authority and shall proceed as provided in Chapter 4.

Comment

   This rule provides the general procedures for ARD in a summary case that has been removed to the court of common pleas by the filing of a certification by the district attorney pursuant to Rule 300(B)(1). Working within the procedural framework of this rule, the president judge has the responsibility of establishing for the judicial district the specific local procedures which will govern ARD in summary cases in the court of common pleas as required in Rule 300(D).
   Unless provided otherwise in the local procedures formulated by the president judge, when the district attorney decides to move for the defendant’s inclusion in an ARD program pursuant to paragraph (B), the issuing authority must be notified of that decision. Thereafter, the issuing authority should immediately file the transcript of any proceedings, the original complaint or citation, the summons or warrant of arrest, if any, and the bail bond, if any, with the officer of the court of common pleas designated to receive such papers.
   As used in paragraph (A), ‘‘any other interested person’’ would include, for example, the parent of a juvenile charged with a summary offense, the law enforcement officer who instituted the proceedings, or a representative from the community service program or the probation department.

   Official Note
   Rule 162 adopted January 31, 1991, effective July 1, 1991; renumbered Rule 302 and amended March 1, 2000, effective April 1, 2001.
   Committee Explanatory Reports:
   Report explaining the January 31, 1991 amendments published at 20 Pa.B. 4788 (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991).
   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).

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