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1999-15 A.R.D. in Summary Cases-Procedure
IN RE: ADMINISTRATIVE ORDER 1999-15 -- A.R.D. IN SUMMARY CASES
ORDER OF COURT
AND NOW, this 10th day of December, 1999, pursuant to Pa. R.Crim.P. 160(d), the Court adopts the following local procedure for A.R.D. in summary cases:
1. The following types of summary cases shall be eligible for A.R.D., to be supervised by the District Justice, pursuant to Pa. R.Crim.P. 161:
a. Retail theft. 18 Pa. C.S.A. § 3929(a), (b)(1)(i).
b. Purchase, consumption, possession, or transportation of intoxicating beverages by one less than 21 years of age. 18 Pa. C.S.A. § 6308.
c. Misrepresentation of age to secure liquor or malt or brewed beverages by one less than 21 years of age. 18 Pa. C.S.A. § 6307.
d. Carrying a false identification card. 18 Pa. C.S.A. § 6310.3.
e. Use of tobacco in schools prohibited. 18 Pa. C.S.A. § 6306.1.
f. Disorderly conduct if defendant is a juvenile. 18 Pa. C.S.A. § 5503.
g. Harassment if defendant is a juvenile. 18 Pa. C.S.A. § 2709(a).
h. Criminal mischief if defendant is a juvenile. 18 Pa. C.S.A. § 3304.
2. Admission shall be requested within ten (10) days of receipt of the citation or summons. Extensions of the application period may be granted by the District Justice for good cause. The District Justice shall determine eligibility for summary A.R.D. within seventy-two (72) hours of the submission of the application.
3. a. A District Justice shall notify the Minor-Judiciary Administrator when a defendant is placed in A.R.D. for a summary matter.
b. The Minor-Judiciary Administrator shall maintain a list of all defendants placed in A.R.D. in a summary matter.
4. a. No defendant who has previously been placed in an A.R.D. program in any court shall be admitted to A.R.D. in a summary matter.
b. A defendant who applies for A.R.D. in a summary matter shall execute the following:
I have not previously been placed in an A.R.D. program in any court at either the common pleas or district justice level. I make this statement subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities.
Date___________________ Name ___________________________
c. Prior to placing a defendant in A.R.D., the District Justice shall determine that the defendant has not previously been placed in A.R.D. in a summary matter in this judicial district by contacting the Minor-Judiciary Administrator.
5. Costs of supervision and restitution, if any, must be paid in full before admission to the
A.R.D. program. These costs include court costs incident to a non-traffic summary offense and any costs incident to the program to which the defendant is referred.
6. The defendant shall be notified in writing of acceptance or rejection from A.R.D.
a. If accepted, defendant shall appear at a time designated by the District Justice for completion of all documentation incident to admission to A.R.D.
b. If rejected, the District Justice shall notify defendant that he has ten (10) days to enter his plea and the case shall proceed in accord with Chapter 50 of the Pennsylvania Rules of Criminal Procedure.
7. The District Justice shall schedule and notify the defendant at the time of admission to A.R.D. of a hearing date to determine if all A.R.D. requirements have been met within ninety (90) days of the entry into A.R.D.
8. Requests for continuance of said hearing shall be denied, except in compelling circumstances. No continuance shall be for more than seven (7) days.
9. A defendant accepted into A.R.D. shall be referred to the following programs:
a. Retail theft -- STOPLIFT Program conducted by THE PROGRAM for Women and Families.
b. Alcohol-related offenses -- Crossroads Program or the Decisions Program of Valley Youth House.
c. Tobacco in schools -- Crossroads Program or the American Lung Association.
d. Disorderly conduct -- Choices Program of Valley Youth House or, in District 03-2-09, the Alternative Sentencing Program conducted by the Forks Township Police Department.
e. Criminal mischief -- In District 03-2-09, the Alternative Sentencing Program conducted by the Forks Township Police Department.
f. Harassment -- Choices Program of Valley Youth House, or in District 03-2-09, the Alternative Sentencing Program conducted by the Forks Township Police Department.
10. Each District Justice shall file a report on a monthly basis with the Minor-Judiciary Administrator setting forth the disposition and completion or non-completion of all program requirements. If a defendant eligible for A.R.D. is not admitted, the District Justice shall include the reasons therefor in the report. Upon successful completion of all requirements, the defendant's case shall be dismissed and defendant discharged.
11. If defendant declines A.R.D. or fails to successfully complete the program requirements, the case shall proceed in accord with Chapter 50 of the Pennsylvania Rules of Criminal Procedure.
12. No summary case shall remain "active" for purposes of A.R.D. supervision in excess of ninety (90) days.
13. The following shall be displayed in each District Justice office:
NOTICE TO THOSE CHARGED WITH
CERTAIN SUMMARY OFFENSES --
Retail Theft, Underage Alcohol Offenses,
Tobacco in School, or Harassment,
Disorderly Conduct, and Criminal
Mischief by Juvenile
You may be eligible to participate in a program (A.R.D.) which will result in dismissal of the charge against you. The A.R.D. program is available for defendants who have not previously been placed into an A.R.D. program. You must pay all costs and restitution before admission to the A.R.D. program. You will be required to attend a counseling program for up to ninety (90) days.
If you successfully complete the program, the charge against you will be dismissed. If you want to apply for the A.R.D. program, notify the District Justice immediately.
14. The following Administrative Orders are hereby vacated: 1996-3; 1997-2; 1997-5; and 1999-11.
15. This Administrative Order shall become effective January 15, 2000.
BY THE COURT,
Robert A. Freedberg, P.J.
Comment: This local rule is adopted pursuant to Pa. R.Crim.P. 160 and 161. The designation of criminal mischief and disorderly conduct by juveniles in District 03-2-09 is a consequence of the Forks Township Police Department having a court-approved rehabilitation program. See Administrative Order 1999-14.
Created at 1/28/2016 2:25 PM by Vitek Gajewski
Last modified at 5/31/2018 9:19 AM by Vitek Gajewski
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