Westmoreland Cnty. C.P. Local Rules of Court RULE WC 300

(a) The District Attorney of Westmoreland County has filed a certification, and has

elected that ARD in summary cases proceed before the Minor Judiciary pursuant to

Pa.R.Crim.P. 300 and 301. The following summary charges are certified eligible for

Summary ARD.

(1) Retail theft. 18 Pa.C.S.A. § 3929(a), (b)(l)(i).

(2) Purchase, consumption, possession or transportation of intoxicating

beverages by one less than 21 years of age. 18 Pa.C.S.A. § 6308.

(3) Misrepresentation of age to secure liquor or malt or brewed beverages by

one less than 21 years of age. 18 Pa.C.S.A. § 6307.

(4) Carrying a false identification card. 18 Pa.C.S.A. § 6310.3

(b) Admission shall be requested within ten (10) days of receipt of the citation or

summons. The District Justice for good cause may grant extensions of the

application period. The District Justice shall determine eligibility for summary ARD

within seventy-two (72) hours of the submission of the application.

(c) No defendant who has previously been placed in an ARD program in any court shall

be admitted to ARD in a summary matter.

(d) Prior to placing a defendant in the Summary ARD Program, the District Justice shall

determine that the defendant has not previously been placed in ARD in a summary

matter in this judicial district by contacting the Court Administrator.

(e) A defendant who applies for ARD in a summary matter shall execute the following:

AFFIDAVIT

I have not previously been placed in an ARD program in any court at either the

Common Pleas or District Justice level. I make this statement subject to the

penalties of 18 Pa.C.S.A. 4904, relating to unsworn falsification to authorities.

________________________ __________________________________________________

Date Name

(f) Costs of supervision and restitution must be paid in full before admission to the

Summary ARD program. These costs include court costs incident to a non-traffic

summary offense and any costs incident to the program to which the defendant is

referred.

(g) The defendant shall be notified in writing of acceptance or rejection from ARD.

(1) If accepted, the defendant shall appear at a time designated by the District

Justice to complete all program documentation.

(2) If rejected, the District Justice shall notify the defendant that he/she has ten

days to enter a plea and that the case will proceed under Chapter 4 of the

Pennsylvania Rules of Criminal Procedure.

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(h) The District Justice shall schedule and notify the defendant at the time of admission

to ARD of a hearing date to determine if all ARD requirements have been met. The

hearing shall be held within ninety days of the entry into ARD. Requests for

continuance of said hearing shall be denied, except in compelling circumstances. No

continuance shall be for more than seven days.

(i) A defendant accepted into ARD for retail theft shall be referred to the Allegheny

Institute’s Retail Theft Alternative Program. A defendant accepted for the alcohol-related offenses shall be referred to the Comprehensive Substance Abuse Services’

Underage Drinking Program. Successful completion of the program shall be

required.

(j) The following are the reporting and record keeping requirements under this Rule:

(1) The District Justice shall make every effort to assure that the defendant has

not previously participated in the Summary ARD program.

(2) Each District Justice shall file a report on a monthly basis setting forth the

disposition and completion or non-completion of all program requirements

with the Court Administrator. If a defendant eligible for ARD is not admitted,

the District Justice shall include the reasons therefore in the report.

(k) Upon successful completion of all requirements, the defendant’s case shall be

dismissed and the defendant discharged.

(l) If the defendant declines ARD or fails to successfully complete the program, the case

shall proceed in accord with Chapter 50 of the Pennsylvania Rules of Criminal

Procedure.

(m) No summary case shall remain “active” for purposes of ARD supervision in excess of

ninety days.

(n) The following shall be displayed in each District Justice office:

NOTICE TO THOSE CHARGED WITH SUMMARY RETAIL

THEFT OR UNDERAGE ALCOHOL-RELATED OFFENSES

You may be eligible to participate in a program (ARD) which will result in

dismissal of the charge against you. The ARD program is available for

defendants who have not previously been placed into an ARD program. You

must pay all costs and restitution before admission to the ARD program. You

will be required to attend a counseling program for up to ninety (90) days. If

you successfully complete the program, the charge against you will be

dismissed. If you want to apply for the ARD program, notify the District Justice

immediately.

BY THE COURT:

________________________________________________ PJ

Rescinded August 7, 2001; New Rule WC300 adopted August 7, 2001, effective September 24, 2001.

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Note: Rule WC310 was repealed effective May 10, 2001.