More Categories

Rule 300 – Accelerated Rehabilitative Disposition in Summary Cases

May 14, 2021 | Criminal Procedure, Pennsylvania

(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.

234 Pa. Code ยง 300

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) .