Section 300. Accelerated Rehabilitative Disposition in Summary Cases

(A) Unless the district attorney has elected, pursuant to paragraph(B)(1), that ARD in summary cases proceed in the court of common pleas, ARD in summary cases shall proceed in the office of the proper issuing authority as provided in Rule 301.

(B) The district attorney, by filing a certification with the president judge, may:

(1) elect that ARD in summary cases proceed in the court of common pleas pursuant to Rule 302; and/or

(2) designate certain classes of offenses or offenders, in addition to those statutorily excluded, that shall not be considered for summary case ARD.

(C) When a certification has been filed by the district attorney pursuant to this rule, the president judge shall promulgate a local rule in substantially the following form:

RULE. SUMMARY CASE ARD.

The District Attorney of County has filed a certification pursuant to Pa.R.Crim.P. 300, and:

(1)

has elected that ARD in summary cases shall proceed in the court of common pleas pursuant to the procedures in Pa.R.Crim.P. 302; and/or

(2)

has designated the following classes of offenses and/or offenders, in addition to those which are statutorily excluded, as ineligible for summary case ARD:

(D) The president judge of each judicial district shall formulate local procedures to provide uniformity within the judicial district for ARD in summary cases before the minor judiciary under Rule 301, and in the court of common pleas under Rule 302.

(1) The locally formulated procedures shall be in writing, filed with the clerk of courts, and served upon all judges handling summary case ARD in the court of common pleas and upon all issuing authorities within the judicial district.

(2) The local procedures shall, at a minimum, establish:

(a) costs and administrative expenses taxable for summary case ARD;

(b) procedures for restitution;

(c) conditions of the program;

(d) record checking, record keeping, and reporting requirements;

(e) procedures requiring each issuing authority to submit a monthly report on the disposition of all the cases eligible for ARD to the official designated by the president judge to compile such reports and monitor the cases; and

(f) procedures for completion or termination of the program.

Comment

Recognizing the minor nature of summary offenses, this rule provides the general, statewide procedural framework for implementing ARD in summary cases. It is intended that the president judge of each judicial district will establish procedures under paragraph (D) that are specific to summary case ARD within the judicial district consistent with this rule and with Rules 301 and 302. These procedures should encourage the prompt processing and disposition of summary cases considered for ARD.

The district attorney is responsible for designating which classes of offenses or offenders may not be considered for ARD in summary cases. This is accomplished, pursuant to paragraph (B)(2), by the district attorney’s filing a certification with the president judge. In addition, there may be classes of offenses or offenders that are statutorily excluded. See, e.g., Section 1520(a) of the Judicial Code, 42 Pa.C.S. § 1520(a), which excludes cases charging offenses under Titles 34 and 75 from being considered for or included in the summary case adjudication alternative authorized by the statute.

Paragraph (A) provides that ordinarily summary case ARD will proceed before the minor judiciary. See Rule 301 for the general procedures in such cases. As an alternative local option, Rule 300 also authorizes the district attorney to elect that ARD in summary cases be removed to the court of common pleas for processing and disposition, and paragraph (B)(1) requires that the district attorney file a certification with the president judge to implement this election. See Rule 302 for the general procedures when this local option has been elected.

When a certification is filed, the president judge must promulgate the effectuating local rule. The local rule mechanism has the advantage of notice, publication, and recordation, which are inherent in the local rule process.

The district attorney (or a successor district attorney) may withdraw the election to move summary ARD consideration to the court of common pleas, and/or change the designation of classes of offenses or offenders that are not eligible for ARD, by filing a new certification. When a new certification is filed, the president judge must rescind or modify the local rule.

The president judge in each judicial district must formulate local procedures pursuant to paragraph (D) for the actual implementation of the summary case ARD programs in the court of common pleas or before the minor judiciary within his or her judicial district, thereby providing county-wide uniformity. These locally formulated procedures may include procedures that are in addition to those required by the Rules of Criminal Procedure to take into account the special nature and the special dispositional and administrative requirements of summary cases generally and specifically within the judicial district. For example, the costs imposed on a defendant who is admitted into a summary case ARD program should not be the same as the costs imposed on a defendant for ARD in a court case, but rather should be adjusted downward and kept minimal to reflect the minor nature of the summary case. The president judge, however, must implement without change the district attorney’s elections made pursuant to paragraph (B). See Commonwealth v. Lutz, 495 A.2d 928 (Pa. 1985).

This rule should not be construed as mandating new programs. Rather, summary case ARD programs may be established within the parameters of existing programs, and should be adapted to meet the needs of the defendants in summary cases. See, e.g., 42 Pa.C.S. § 1520(b).

Official Note

Previous Rule 160 adopted April 10, 1989, effective July 1, 1989; rescinded January 31, 1991, effective July 1, 1991, and replaced by Rules 300, 301, and 302. Present Rule 160 adopted January 31, 1991, effective July 1, 1991; renumbered Rule 300 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). empty