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Rule 313 – Hearing, Manner of Proceeding

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) When the defendant, with the advice and agreement of the defendant’s attorney, indicates understanding of these proceedings, requests acceptance into the program, and agrees to the terms set forth in Rule 312, the stenographer shall close the record.
(B) The judge thereupon shall hear the facts of the case as presented by the attorney for the Commonwealth, and such information as the defendant or the defendant’s attorney may present, and shall hear from any victim present. No statement presented by the defendant shall be used against the defendant for any purpose in any criminal proceeding except a prosecution based on the falsity of the information or statement supplied.
(C) After hearing the facts of the case, if the judge believes that it warrants accelerated rehabilitative disposition, the judge shall order the stenographer to reopen the record and shall state to the parties the conditions of the program. If the judge does not accept the case for accelerated rehabilitative disposition, the judge shall order that the case proceed on the charges as provided by law. No appeal shall be allowed from such order.
(D) After the stenographer reopens the record, the defendant shall thereupon state to the judge whether the defendant accepts the conditions and agrees to comply. If the statement is in the affirmative, the judge may grant the motion for accelerated rehabilitative disposition and shall enter an appropriate order as set forth in Rules 314 and 315. If the defendant answers in the negative, the judge shall proceed as set forth in Rule 317.
(E) Upon the judge’s granting of the motion for accelerated rehabilitative disposition, bail shall be terminated, and any money or other form of security deposited shall be returned in accordance with the rules pertaining to bail.

234 Pa. Code ยง 313

Committee Explanatory Reports:

Final Report explaining the September 13, 1995 amendments published with Court’s Order at 25 Pa.B. 4116 (September 30, 1995) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the March 3, 2006 Comment revision concerning joinder of summary offenses with misdemeanor or felony charges published with the Court’s Order at 36 Pa.B. 1392 (March 25, 2006) .