Rule 301 - Procedures for Accelerated Rehabilitative Disposition in Summary Cases before the Minor JudiciaryDiversion in summary cases shall be in accordance with the local procedures adopted for Adjudication Alternative Programs (A.A.P.) as adopted by this Court on January 23, 2006, by Administrative Order 1-2006, which states:
(A) The following types of summary cases shall be eligible for A.A.P. to be supervised by the Magisterial District Judge, pursuant to 42 Pa.C.S.A. § 1520. (1) Retail Theft. 18 Pa.C.S.A. § 3929(a),(b)(1)(i). (b) Purchase, consumption, possession or transportation of intoxicating beverages by one less than twenty-one (21) years of age. 18 Pa.C.S.A. § 6308.(c) Misrepresentation of age to secure liquor or malt or brewed beverages by one less than twenty-one (21) years of age. 18 Pa.C.S.A. § 6307.(d) Carrying a false identification card. 18 Pa.C.S.A. § 6310.3.(e) Use of tobacco in schools prohibited. 18 Pa.C.S.A. § 6306.1.(f) Disorderly conduct if defendant is a juvenile. 18 Pa.C.S.A. § 5503.(g) Harassment if defendant is a juvenile. 18 Pa.C.S.A. § 2709(a).(h) Criminal mischief if defendant is a juvenile. 18 Pa.C.S.A. § 3304.(B) Admission shall be requested within ten (10) days of receipt of the citations or summons. Extensions of the application period may be granted by the Magisterial District Judge for good cause. The Magisterial District Judge shall determine eligibility for summary A.A.P. within seventy-two (72) hours of the submission of the application.(C)(a) No defendant who has previously been placed in an A.A.P. or A.R.D. Program in any Court shall be admitted to A.A.P. in a summary matter.(b) A defendant who applies for A.A.P. in a summary matter shall execute the following: AFFIDAVIT
I have not previously been placed in an A.A.P. or A.R.D. Program in any court at either the Common Pleas Court or Magisterial District Court level. I make this statement subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
Date _____________ Name ____________________
c. Prior to placing a defendant in A.A.P., the Magisterial District Judge shall determine that the defendant has not previously been placed in A.A.P. in a summary matter in this judicial district by contacting the other District Courts within the Judicial District. 4. Costs of supervision and restitution, if any, must be paid in full before admission to the A.A.P. 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.5. The defendant shall be notified in writing of acceptance or rejection from the A.A.P. a. If accepted, defendant shall appear at a time designated by the Magisterial District Judge for completion of all documentation incident to admission to A.A.P.b . If rejected, the Magisterial Judge shall notify defendant that he has ten (10) days to enter his plea and the case shall proceed in accord with Chapter 400 of the Pennsylvania Rules of Criminal Procedure.6. The Magisterial District Judge shall schedule and notify the defendant at time of admission to A.A.P. of a hearing date to determine if all A.A.P. requirements have been met within the prescribed time frame of the specific programs entered into.7. Requests for continuance of said hearing shall be denied, except in compelling circumstances. No continuance shall be for more than seven (7) days.8. A defendant accepted into A.A.P. shall be referred to the following programs: 9. Upon successful completion of all requirements, this defendant's case shall be dismissed and the defendant discharged.10. If defendant declines A.A.P. or fails to successfully complete the program requirements, the case shall proceed in accord with Chapter 50 of the Pennsylvania Rules of Criminal Procedure.11. No summary case shall remain "active" for purposes for A.A.P. supervision in excess of one (1) year.12. The following shall be displayed in each Magisterial District office: NOTICE TO THOSE CHARGEDWITH CERTAIN SUMMARY OFFENSES-
Retail Theft,
Underage Alcohol Offenses,
Tobacco on School Property,
Harassment,
Disorderly Conduct, and Criminal Mischief by a Juvenile
You may be eligible to participate in a program (A.A.P.) which will result in dismissal of the charge against you. The A.A.P. Program is available for defendants who have not previously been placed into an A.A.P. or A.R.D. Program. You must pay all costs and restitution before admission to the A.A.P. Program. You will be required to attend a counseling program. If you successfully complete the program, the charge against you will be dismissed. If you want to apply for the A.A.P. Program, notify the Magisterial District Judge immediately.
Amended effective 12/4/2023.