Penn. Wash. Cnty. 327

As amended through June 1, 2022

Rule 327 - Diversion For Summary Cases

In any case wherein only summary offenses are alleged, the Magisterial District Judge, upon the agreement of the District Attorney, defendant, victim, and the prosecuting police officer, may postpone the case for a specified period (usually 90 days) if the defendant agrees to:

A. Report to a Forensic Case Manager designated by the Washington County Mental Health/Mental Retardation Office at a specified date and time;

B. Remain in contact with the designated Forensic Case Manager specified in paragraph A above;

C. Submit to a mental health evaluation and/or drug and alcohol evaluation as deemed necessary by the designated Forensic Case Manager or by a representative of the Washington County Mental Health/Mental Retardation Office;

D. Attend outpatient mental health and/or drug and alcohol treatment as recommended by the Forensic Case Manager specified in paragraph A above or by a representative of the Washington County Mental Health/Mental Retardation Office;

E. Reside at a particular location or address, including but not limited to the Crisis Stabilization Unit;

F. Take all medication currently prescribed by a psychiatrist, and any medication prescribed by a psychiatrist in the future;

G. Cooperate with Forensic Case Management services if deemed necessary; and

H. Follow an individualized treatment plan, 50 Pa.C.S.A.§ 7107, and any other conditions set by the Magisterial District Judge that are reasonably designed to best help the defendant and necessary to protect the community.

If the defendant does not comply with these requirements, the Forensic Case Manager will immediately contact the Magisterial District Judge, and the Magisterial District Judge will schedule the case for disposition. If the Magisterial District Judge determines at the end of the postponement period that the defendant has substantially complied with the above-stated requirements and any other reasonable requirements designed to ensure the defendant's safety and the safety of the public, the charges will be dismissed.

Penn. Wash. Cnty. 327

Effective 3/22/2010