What is accelerated rehabilitative disposition

what is accelerated rehabilitative disposition

What Is Accelerated Rehabilitation (AR) and Can I Use it to Avoid a Conviction in Connecticut?

Mar 21,  · Written by Timothy Czekaj For Pennsylvania residents who have been charged with minor, non-violent offenses, Accelerated Rehabilitative Disposition (ARD) might be a great option. The ARD program gives those with a very limited or no criminal record an opportunity to keep their record clear after completing various court ordered requirements. ARD, also known as accelerated rehabilitative disposition, is a first offender program in which the charge is postponed and eventually dismissed and can be expunged from a criminal record. In DUI cases, which normally carry mandatory jail time and at least one year of license suspension, the ARD program guarantees no jail and a reduced suspension.

Create an Account - Increase your productivity, customize your experience, and engage in information you care about. Skip to Main Content. Sign In. ARD is a unique program, approved by the Supreme Court of Pennsylvania, for how to replace ceiling joists offenders who have no prior criminal convictions or prior ARD dispositions.

The primary purpose of the ARD program is the prompt disposition of charges, eliminating the need for costly and time-consuming trials and other court proceedings. The program is designed to recognize those offenders who are amenable to treatment and rehabilitation and effectively remove their cases from the criminal justice system, thereby freeing resources better used elsewhere.

Generally, an individual must waive their preliminary hearing and formal arraignment to receive ARD. All parties involved with the case i. If approved, the applicant is normally placed on probation, ordered to pay fines and costs and complete community service. Upon successful completion what is accelerated rehabilitative disposition the ARD program, the applicant may petition the court to expunge their record. All cases are examined on an individual basis.

ARD is a discretionary program managed exclusively by the Office of the District Attorney; therefore, the District Attorney is the sole authority as to who is approved for the ARD program. All facts and circumstances regarding the case are taken into account when reviewing an ARD application. Questions may be directed to the ARD Unit at ARD Application. Arrow Left Arrow Right.

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Motion for Accelerated Rehabilitative Disposition. After criminal proceedings in a court case have been instituted, the attorney for the Commonwealth may move, before a judge empowered to try court cases, that the case be considered for accelerated rehabilitative disposition. The Accelerated Rehabilitative Disposition (“ARD”) Program is supervised by the ARD Captain, who reviews criminal cases for potential admission. ARD is a unique program, approved by the Supreme Court of Pennsylvania, for first-time offenders who have . Nov 29,  · The Accelerated Rehabilitative Disposition (ARD) program is a type of pre-trial intervention program in Pennsylvania. Only non-violent offenders who have no .

Committee Introduction to Chapter 3. PART A. Summary Cases. Committee Introduction to Chapter 3 : The rules set forth in this Chapter govern the procedures with regard to Accelerated Rehabilitative Disposition in court cases and in summary cases.

See Committee Report, 14 Pa. The primary purpose of this program is the rehabilitation of the offender; secondarily, the purpose is the prompt disposition of charges, eliminating the need for costly and time-consuming trials or other court proceedings. These rules contemplate that ordinarily the defendants eligible for the ARD program are first offenders who lend themselves to treatment and rehabilitation rather than punishment and that the crime charged is relatively minor and does not involve a serious breach of the public trust.

The program is intended to encourage offenders to make a fresh start after participation in a rehabilitative program and offers them the possibility of a clean record if they successfully complete the program.

These rules do not specify those classes of offenses or offenders that are eligible or ineligible for inclusion in the ARD program. In general, the district attorney has the responsibility for determining which cases will be recommended for entry into the ARD program. See Commonwealth v. Lutz , A. Recognizing the minor nature of summary offenses and that the various judicial districts have different administrative requirements for processing and disposing of ARD cases, the procedures in Rules , , and were adopted in to provide each judicial district with the procedural mechanism to structure its own summary case ARD program, either before the minor judiciary or, when the local option is elected by the district attorney pursuant to Rule , in the court of common pleas.

The statewide rules are intended to simplify the procedures for summary case ARD and to encourage prompt processing and disposition of cases considered for ARD.

In addition to the procedural aspects of ARD set forth in these rules, there are statutory provisions setting forth requirements related to ARD in certain specified classes of cases. See, e. Summary Cases empty Rule Accelerated Rehabilitative Disposition in Summary Cases.

A Unless the district attorney has elected, pursuant to paragraph B 1 , that ARD in summary cases proceed in the court of common pleas, ARD in summary cases shall proceed in the office of the proper issuing authority as provided in Rule C When a certification has been filed by the district attorney pursuant to this rule, the president judge shall promulgate a local rule in substantially the following form: RULE.

The District Attorney of County has filed a certification pursuant to Pa. Recognizing the minor nature of summary offenses, this rule provides the general, statewide procedural framework for implementing ARD in summary cases. It is intended that the president judge of each judicial district will establish procedures under paragraph D that are specific to summary case ARD within the judicial district consistent with this rule and with Rules and These procedures should encourage the prompt processing and disposition of summary cases considered for ARD.

The district attorney is responsible for designating which classes of offenses or offenders may not be considered for ARD in summary cases.

In addition, there may be classes of offenses or offenders that are statutorily excluded. Paragraph A provides that ordinarily summary case ARD will proceed before the minor judiciary. See Rule for the general procedures in such cases.

As an alternative local option, Rule also authorizes the district attorney to elect that ARD in summary cases be removed to the court of common pleas for processing and disposition, and paragraph B 1 requires that the district attorney file a certification with the president judge to implement this election.

See Rule for the general procedures when this local option has been elected. When a certification is filed, the president judge must promulgate the effectuating local rule. The local rule mechanism has the advantage of notice, publication, and recordation, which are inherent in the local rule process. When a new certification is filed, the president judge must rescind or modify the local rule. The president judge in each judicial district must formulate local procedures pursuant to paragraph D for the actual implementation of the summary case ARD programs in the court of common pleas or before the minor judiciary within his or her judicial district, thereby providing county-wide uniformity.

These locally formulated procedures may include procedures that are in addition to those required by the Rules of Criminal Procedure to take into account the special nature and the special dispositional and administrative requirements of summary cases generally and specifically within the judicial district. For example, the costs imposed on a defendant who is admitted into a summary case ARD program should not be the same as the costs imposed on a defendant for ARD in a court case, but rather should be adjusted downward and kept minimal to reflect the minor nature of the summary case.

This rule should not be construed as mandating new programs. Rather, summary case ARD programs may be established within the parameters of existing programs, and should be adapted to meet the needs of the defendants in summary cases. Official Note Previous Rule adopted April 10, , effective July 1, ; rescinded January 31, , effective July 1, , and replaced by Rules , , and Present Rule adopted January 31, , effective July 1, ; renumbered Rule and amended March 1, , effective April 1, Committee Explanatory Reports : Report explaining the January 31, amendments published at 20 Pa.

A Unless the district attorney has elected that ARD in summary cases proceed in the court of common pleas pursuant to Rule B 1 , if the defendant is eligible for inclusion in an ARD program, the issuing authority may admit the defendant into an ARD program subject to the local procedures formulated by the president judge pursuant to Rule D.

If the issuing authority does not admit a defendant who is eligible for ARD, the issuing authority shall include in the monthly report required by Rule D 2 e a written statement of the reasons for not admitting the defendant. B If the defendant declines to accept or fails to complete the program, or if the issuing authority does not admit the case for ARD, the case shall proceed to trial as provided in Chapter 4.

This rule provides the general procedures for summary case ARD before the minor judiciary. Working within the procedural framework of this rule and Rule , the president judge is responsible for establishing the specific local procedures which will govern ARD in summary cases before the minor judiciary in the judicial district as required in Rule D. Official Note Rule adopted January 31, , effective July 1, ; renumbered Rule and amended March 1, , effective April 1, This rule provides the general procedures for ARD in a summary case that has been removed to the court of common pleas by the filing of a certification by the district attorney pursuant to Rule B 1.

Working within the procedural framework of this rule, the president judge has the responsibility of establishing for the judicial district the specific local procedures which will govern ARD in summary cases in the court of common pleas as required in Rule D. Thereafter, the issuing authority should immediately file the transcript of any proceedings, the original complaint or citation, the summons or warrant of arrest, if any, and the bail bond, if any, with the officer of the court of common pleas designated to receive such papers.

PART B. Court Cases empty Rule Motion for Accelerated Rehabilitative Disposition. After criminal proceedings in a court case have been instituted, the attorney for the Commonwealth may move, before a judge empowered to try court cases, that the case be considered for accelerated rehabilitative disposition. See Rule with regard to accelerated rehabilitative disposition in summary cases. Official Note Rule approved May 24, , effective immediately; amended February 15, , effective immediately; amended April 10, , effective July 1, ; renumbered Rule and Comment revised March 1, , effective April 1, Notice of the proceedings shall be given also to any victim or victims of the offense charged.

B Information or statements supplied by the defendant to the attorney for the Commonwealth in an ARD application shall not be used against the defendant for any purpose in any criminal proceedings except a prosecution based on the falsity of the information or statement supplied. No particular form of ARD application or application procedure is required. Official Note Rule approved May 24, , effective immediately; amended April 10, , effective July 1, ; amended January 31, , effective July 1, ; renumbered Rule and amended March 1, , effective April 1, Hearing, Explanation of Program.

Although acceptance into an ARD program is not intended to constitute a conviction under these rules, it may be statutorily construed as a conviction for purposes of computing sentences on subsequent convictions. See Rule Official Note Rule approved May 24, ; effective immediately; amended February 15, , effective immediately; amended April 10, , effective July 1, ; renumbered Rule and Comment revised March 1, , effective April 1, ; Comment revised October 1, , effective July 1, The provisions of this Rule amended October 1, , effective July 1, , 42 Pa.

Immediately preceding text appears at serial page Hearing, Manner of Proceeding. 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 and If the defendant answers in the negative, the judge shall proceed as set forth in Rule Caufman , Pa.

Campana , Pa. Official Note Rule approved May 24, , effective immediately; amended April 10, , effective July 1, ; amended September 13, , effective January 1, The January 1, effective date extended to April 1, ; the April 1, effective date extended to July 1, ; renumbered and amended March 1, , effective April 1, ; Comment revised March 9, , effective September 1, The provisions of this Rule amended March 9, , effective September 1, , 36 Pa.

Immediately preceding text appears at serial pages to When a defendant is accepted into the program of accelerated rehabilitative disposition before the filing of an information, the judge shall order that no information shall be filed with the court on the charges contained in the transcript during the term of the program.

Official Note Rule adopted May 24, , effective immediately; amended February 15, , effective immediately; amended June 19, , effective July 1, ; renumbered Rule March 1, , effective April 1, When a defendant is accepted into the program of accelerated rehabilitative disposition after the filing of an information, the judge shall order that further proceedings on the charges shall be postponed during the term of the program.

Conditions of the Program. A The conditions of the program may be such as may be imposed with respect to probation after conviction of a crime, including restitution, except that a fine may not be imposed. In addition, the conditions of the program may include the imposition of costs, the imposition of a reasonable charge relating to the expense of administering the program, and such other conditions as may be agreed to by the parties.

B The period of such program for any defendant shall not exceed two years. Paragraph A makes it clear that reasonable charges for the expense of administering the program may be imposed on defendants. It is intended that these charges may be imposed on those admitted into the program and that no separate fees be required for application for admission into the program.

The practice has been to permit qualified individuals who are indigent to participate in the ARD program without payment of costs or charges. The amendment is not intended to change this practice; rather, it is intended that such practice will continue. Concerning restitution, see 42 Pa. A defendant may be required to accept conditions of the program as provided by statute.

Official Note Rule approved May 24, , effective immediately; amended January 28, , effective February 1, ; Comment revised April 10, , effective July 1, ; Comment revised September 26, , effective immediately; renumbered Rule and amended March 1, , effective April 1, ; Comment revised September 21, , effective November 1, The provisions of this Rule amended September 21, , effective November 21, , 42 Pa.

Immediately preceding text appears at serial pages and If a defendant refuses to accept the conditions required by the judge, the judge shall deny the motion for accelerated rehabilitative disposition. In such event, the case shall proceed in the same manner as if these proceedings had not taken place. Official Note Rule approved May 24, , effective immediately; renumbered Rule March 1, , effective April 1,



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