Rule 178 - Admissions And Ineligible Ofenders For A.R.D. Admissionsa. Admission into the A.R.D. Program for Driving Under the Influence of Alcohol or Controlled Substances. 1. In addition to the requirement of the Pennsylvania Rules of Criminal Procedure, 175et. seq. applicable to Accelerated Rehabilitative disposition and subject to the prohibitions for A.R.D. Disposition set forth in the Vehicle Code in 2731(d), the District Attorney of Washington County may formulate additional internal guidelines for the recommendation of individuals into the A.R.D. Program.2. The Court will not consider any persons accused of a D.U.I. offense for admission into the A.R.D. Program unless they have submitted themselves for a C.R.N. (Court Reporting Network) Evaluation as mandated under 1548(a) of the Vehicle Code. Said persons requesting admission into the A.R.D. Program should contact the alcohol highway safety school established in Washington County pursuant to 75 Pa. C.S.. § 1549 within twenty (20) days of the preliminary hearing date or waiver date thereof, to schedule a C.R.N. Evaluation appointment.3. Each individual admitted into the A.R.D. Program for Driving Under the Influence shall pay to the Clerk of Courts the established fee, to be distributed to the County as reimbursement for the expense incurred in administering the A.R.D. program and the expenses relating to the processing and evaluation of A.R.D. D.U.I. cases.4. Tuition assessed for attendance at the alcohol highway safety school will be paid by the defendant directly to the alcohol highway safety school.5. The cost of the C.R.N. evaluation will be paid by the defendant directly to the provider of that evaluation.6. Costs of prosecution, fines, fees and restitution shall be collected by the Clerk of Courts and distributed in the following order, absent a specific Order of Court to the contrary: i. County costs, fines and fees (including supervision fee) shall be fully satisfied; ii. Restitution is to be made to the victim unless the victim has already received compensation from the Crime Victim's Compensation Fund; in which case the allocation shall be made to the Crime Victim's Compensation Fund; iii. Municipal fines shall be paid to each municipality;iv. The Clerk of Courts shall continue to collect State fines pursuant to the appropriate distribution schedules.7. Each individual admitted into the A.R.D. Program for Driving Under the Influence shall be required to attend and complete the required program at an approved alcohol highway safety school and pay, directly to the provider, the established tuition for enrollment in said program.8. After a consideration of the individual case circumstances and the recommendation of the District Attorney's Office, the Court may impose a mandatory operating license suspension of more than the minimum suspension allowed by statute as a special requirement or condition of the A.R.D. Program. Said suspension, however, shall not exceed the maximum suspension allowed by statute.9. Prior to sentencing, every D.U.I. offender who has either plead guilty after trial, shall have a C.R.N. (Court Reporting Network) Evaluation and shall pay the fee for the C.R.N. Evaluation. This C.R.N. Evaluation fee shall be taxed by the Clerk of Courts Office in all non-ARD cases as additional Court costs.10. Any D.U.I. offender who has a prior D.U.I. conviction or an A.R.D. disposition within two (2) years shall not be required to attend the alcohol highway safety school if said individual has already completed such program. However, such individual shall be required to undergo an alcohol treatment rehabilitation or intervention program as directed by the Court, and shall pay any of the costs of said program.11. Any D.U.I. offender, who has a D.U.I. conviction or an A.R.D. disposition two (2) or more years prior to the current D.U.I. offense shall be required to attend the alcohol highway safety school and pay its established tuition. EXPLANATORY COMMENT TO L-178
This comment is made to permit recovery of costs previously paid the State of Pennsylvania by Washington County under the authority of 48 Pa. C.S. § 3571 et. seq. which was limited by In re: Lebanon County distribution of Fees or Financial Conditions Imposed in ARD/DUI cases. 552 A.2d 357 (Pa. Cmwlth. 1989).