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Rule 302 – Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas-Local Option

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) When the district attorney has filed a certification to proceed by local option under Rule 300, after institution of criminal proceedings in a summary case, the issuing authority, the defendant, the defendant’s attorney, or any other interested person may request that the district attorney consider the defendant’s case for inclusion in the Accelerated Rehabilitative Disposition Program.
(B) If the district attorney decides to move for the defendant’s inclusion in an ARD program, the case shall proceed as provided in Rules 311-320, subject to the local procedures formulated by the president judge pursuant to Rule 300(D).
(C) If the district attorney decides not to move for the defendant’s inclusion in an ARD program, or if the defendant declines to accept or fails to complete the program, or if the judge does not accept the case for ARD, the case shall be referred to the proper issuing authority and shall proceed as provided in Chapter 4.

234 Pa. Code ยง 302

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) .