Section 301. Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary

(A) Unless the district attorney has elected that ARD in summary cases proceed in the court of common pleas pursuant to Rule 300(B)(1), if the defendant is eligible for inclusion in an ARD program, the issuing authority may admit the defendant into an ARD program subject to the local procedures formulated by the president judge pursuant to Rule 300(D). If the issuing authority does not admit a defendant who is eligible for ARD, the issuing authority shall include in the monthly report required by Rule 300(D)(2)(e) a written statement of the reasons for not admitting the defendant.

(B) If the defendant declines to accept or fails to complete the program, or if the issuing authority does not admit the case for ARD, the case shall proceed to trial as provided in Chapter 4.

Comment

This rule provides the general procedures for summary case ARD before the minor judiciary. Working within the procedural framework of this rule and Rule 300, the president judge is responsible for establishing the specific local procedures which will govern ARD in summary cases before the minor judiciary in the judicial district as required in Rule 300(D).

Official Note

Rule 161 adopted January 31, 1991, effective July 1, 1991; renumbered Rule 301 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