FAYETTE COUNTY Diversionary Program for Cyber Harassment of a Child; Local Rule 301(A); No. 88 MD 2016 [46 Pa.B. 1896]
[Saturday, April 16, 2016]Order And Now, this 23rd day of March, 2016, pursuant to Rule 105 the Pennsylvania Rules of Criminal Procedure, it is ordered that Local Rule 301(A), the Diversionary Program for Cyber Harassment of a Child, is hereby adopted to read as follows.
The Clerk of Courts is directed as follows:
(1) One certified copy of Local Rule 301(A) shall be filed with the Administrative Office of Pennsylvania Courts.
(2) Two certified copies and diskette of Local Rule 301(A) shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(3) One certified copy shall be sent to the Fayette County Law Library and to the Editor of the Fayette Legal Journal.
The District Court Administrator shall publish a copy of Local Rule 301(A) on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.
Local Rule 301(A), the Diversionary Program for Cyber Harassment of a Child shall be effective 30 days after the date of publication in the Pennsylvania Bulletin.
By the Court
JOHN F. WAGNER, Jr.,
President JudgeRule 301(A). Diversionary Program for Cyber Harassment of a Child.
The Court hereby recognizes the Fayette County Diversionary Program for Cyber Harassment of a Child as a dispositional alternative for the summary offense enumerated at 18 Pa.C.S.A. § 2709(a.1) and as authorized by 18 Pa.C.S.A. § 2709(a.1)(2)(i).
The conditions and parameters of this program shall be governed by the Crime Victims' Center of Fayette County and must include an educational training session of not less than two hours regarding the legal and nonlegal consequences of cyber harassment. Diversion into the program may only be authorized by a magisterial district judge or other judicial authority with jurisdiction over the violation.
All costs and administrative expenses associated with the diversionary program shall be the responsibility of the defendant. If the person successfully completes the diversionary program, the person's records of the charge of violating 18 Pa.C.S.A. § 2709(a.1) shall be expunged.
[Pa.B. Doc. No. 16-630. Filed for public inspection April 15, 2016, 9:00 a.m.]
