Rule 300 - Participation in the Accelerated Rehabilitative Disposition Program (ARD) in Summary ProceedingsUnless and until the District Attorney elects to certify that ARD cases proceed in Court, applications for admission into the ARD program shall be submitted to a District Justice on the same Application, Waiver and Agreement form as is used in court cases. The following procedure shall be followed and the following conditions apply:
A. In order to be considered eligible, a defendant must specifically waive all appropriate statutes of limitations and defendant's right to a speedy trial under any applicable Federal or State constitutional provision, statute or rule of court during the period of enrollment in the program, and agree to abide by all terms, conditions and monetary obligations imposed by the District Justice.B. The District Justice shall establish the duration and conditions of defendant's probation, and transmit the original application, together with three copies, to the District Attorney for approval. If the District Attorney approves the application, he shall retain one copy, transmit one copy each to the Clerk and to the Probation Office and return the original to the District Justice.C. The District Justice may require that the defendant's probation be supervised by either the prosecuting police officer, in which case the District Justice shall set and defendant shall pay a lump sum supervision fee to the municipality employing the officer; or by the Probation office, in which case, defendant shall pay a $25.00 per month local offender's supervision fee.D. If the District Justice requires probation to be supervised by the Probation Office, he shall notify defendant to report to that office at a designated time on a day when the office is open to the public. The ARD program shall commence when defendant reports.E. If the District Attorney disapproves the application, prosecution will proceed in the normal manner.F. If the Probation Office provides supervision, it shall report any infractions, or successful completion, to the District Justice. A copy of the notification shall be provided the Clerk and District Attorney.G. If defendant violates the conditions of the program, the District Justice may, after giving defendant notice and an opportunity to be heard, revoke defendant's admission, in which case prosecution shall proceed in normal fashion.H. If defendant successfully completes the program, the District Justice shall dismiss the prosecution and send certified copies of the dismissal to the District Attorney, Clerk, and Probation Office. The Clerk shall report dismissals in the same manner and to the appropriate authorities as is now done in Court ordered ARD cases.I. A defendant shall be required to pay costs, supervision and administrative fees established in these Adams County Rules of Criminal Procedure. The District Justice shall disburse costs as provided by law, and fees to the Clerk, who shall keep a record of them, and in turn disburse the same as if ARD had been ordered by the Court.J. The Chief Probation Officer shall be responsible for monitoring ARD programs conducted by District Justices and shall report irregularities both to the District Attorney and President Judge.K. The District Justice shall collect and disburse an administrative fee, the amount of which may be set by administrative order. Until changed, the fee shall be $55.00.Amended effective 10/17/2022; amended effective 5/29/2023; amended effective 7/31/2023; amended effective 12/18/2023.