Local Rule 301.1; ARD in Summary Cases at the Magisterial District Court Level; No. 87-Misc. Criminal
[42 Pa.B. 5482]
[Saturday, August 25, 2012]
And Now, this 6th day of August 2012, It Is Hereby Ordered That the following Wayne County Local Rule 301.1 (ARD Disposition in Summary Cases) is Hereby Adopted.
It Is Further Ordered That one (1) certified copy of this Order shall be filed by the Court Administrator of Wayne County with the Administrative Office of Pennsylvania Courts; that two (2) certified copies and a computer diskette or CD-ROM copy that complies with the requirement of 1 Pa. Code § 13.11(b) shall be filed with the Legislative Reference Bureau to be published in the Pennsylvania Bulletin; that one (1) certified copy shall be filed with the Criminal Procedural Rules Committee, which Committee has certified to this court that this Administrative Order is not inconsistent with any general rule of the Supreme Court. Finally, it is Ordered that the Court Administrator of Wayne County publish a copy of this Order on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx
By the Court
RAYMOND L. HAMILL,
Local Rule 301.1. ARD in Summary Cases at the Magisterial District Court Level.
The District Attorney of Wayne County has filed a certification pursuant to Pa.R.Crim.P. 301 entitled Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary, and:
A. Has elected that ARD in summary cases shall proceed before the Minor Judiciary pursuant to Pa.R.Crim.P. 301 and that offenders of Title 18 Pa.C.S.A. Section 6308, Purchase, Consumption, Possession or Transportation of liquor or malt or brewed beverages are eligible for the summary ARD
B. The local procedures established by the President Judge, The Honorable Raymond L. Hamill, for ARD in summary cases before the Minor Judiciary are as follows:
1. The cost of the ARD administrative expense for summary cases is $100.00 made payable to the County of Wayne;
2. The conditions of the program are as follows:
a. Education—defendants charged with violations of 18 Pa.C.S.A Section 6308 who enter into the ARD program must complete the first two class of the Alcohol Highway Safety Program held at regular intervals at the Wayne County Drug and Alcohol Commission. The cost of these classes is $50.00 paid at the Wayne County Drug and Alcohol Commission. If the defendant is an out of state resident, he or she may purchase and complete an on-line Alcohol Education class.
b. Six (6) hours of community service—list of community service opportunities to be provided by the Wayne County District Attorney to the Minor Judiciaries and then supplied to those applying for the ARD program.
3. The Minor Judiciaries are required to keep records of those who participate, those who complete the program, those who do not complete the program and those who pay in full the costs associated with the program.
4. The Minor Judiciary must submit a monthly report on the disposition of all the cases eligible for ARD to the Wayne County District Attorney who shall compile reports and monitor the cases and be answerable and accountable to the President Judge.
5. The procedures for completion and termination of the program are outlined in detail in section D. of this Administrative Order.
C. A defendant charged with Title 18 Section 6308 will receive an informational form and application prepared by the Wayne County District Attorney outlining the Summary ARD program along with the Citation and Summons from the Magisterial District Court. The defendant may request admittance into the program by sending a completed application to Wayne County District Attorney's Office, 925 Court Street, Honesdale, Pennsylvania, 18431, Attn: Detective Peter Hower.
Following a receipt of the application the procedure is as follows:
1. An informational form and application prepared by the Wayne County District Attorney outlining the Summary ARD program for violations of 18 Pa.C.S.A. Section 6308 shall be mailed to the Defendant along with the citation by the Magisterial District Court.
2. The Defendant then must appear before the Magisterial District Judge at a date set by the Magisterial District Judge. The Wayne County District Attorney's Office will notify the Magisterial District Judge if an application was received for consideration into the program from the Defendant and if the Defendant qualifies. If the Defendant qualifies, he or she will execute a Consent Agreement at the Magisterial District Judge's office to be entered into the program and will receive the program requirements from the Magisterial District Judge. The Magisterial District Judge shall then set a return date for the offender to reappear in his or her Court and provide evidence of completion of the ARD program. Said evidence of completion of the ARD program shall include evidence of completion of a drug and alcohol awareness education program offered through Wayne County Drug and Alcohol Agency's appropriate drug and alcohol awareness class and a signed sheet evidencing six (6) hours of community service by the community service provider. Said return date shall be set sixty (60) days from the first court appearance set by the Magisterial District Judge. If the Defendant does not qualify for the ARD program the Magisterial District Court shall proceed as in the normal course of the citation being issued and dispose of the summary offense.
3. All ARDs for violations of 18 Pa.C.S.A. Section 6308 Purchase, consumption, possession or transportation of liquor or malt or brewed beverages shall not extend past a period of three months from the date the Defendant executes the Consent Agreement.
4. Each issuing authority shall submit a monthly report on all cases submitted for ARD to the Wayne County District Attorney who shall compile such reports and monitor the cases as may be required.
5. If the Defendant is convicted of a crime or summary offense during the period of the ARD program, then the ARD shall be terminated and the matter may be handled by the Minor Judiciary for disposition on the underlying summary offense.
6. If the Defendant successfully completes the program, the Magisterial District Judge shall dismiss the prosecution and send certified copies of the dismissal to the Wayne County District Attorney. The case appears ARD open while defendant is in the program and ARD closed upon completion.
7. If the Defendant does not complete the conditions of the program within the allotted time period, the Magisterial District Judge may, after giving defendant notice and an opportunity to be heard, revoke defendant's admission, in which case prosecution shall proceed in normal fashion.
8. A Defendant shall be required to pay a program administrative fee established in these Wayne County Rules of Criminal Procedure. The Magisterial District Judge shall disburse costs as provided by law to the County. The Magisterial District Judge shall collect and disburse a program administrative fee, the amount of which may be set by administrative order. Until changed, the fee shall be $100.00. Said fee is made payable to and collected by the referring magisterial district court to be placed in the county general fund.
9. Nothing in this Local Rule 301.1 shall supersede 18 Pa.C.S.A. Section 6310.4 which states that whenever a person is admitted in to any pre-adjudication program for violation of Section 6308 the court shall order the operating privilege be suspended and a copy of the order shall be transmitted to the Department of Transportation. Thus, this ARD program for violations of 18 Pa.C.S.A. Section 6308 includes a license suspension by Order and reporting by the Magisterial District Judge to the Department of Transportation.
[Pa.B. Doc. No. 12-1635. Filed for public inspection August 24, 2012, 9:00 a.m.]
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