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Rule 316. Conditions of the Program
PA ST RCRP Rule 316Purdon's Pennsylvania Statutes and Consolidated StatutesRules of Criminal Procedure (Approx. 2 pages)
Rule 316. Conditions of the Program
PA ST RCRP Rule 316Purdon's Pennsylvania Statutes and Consolidated StatutesRules of Criminal Procedure (Approx. 2 pages)
Purdon's Pennsylvania Statutes and Consolidated Statutes
Rules of Criminal Procedure (Refs & Annos)
Chapter 3. Accelerated Rehabilitative Disposition (Ard) (Refs & Annos)
Part B. Court Cases
Pa.R.Crim.P. Rule 316
Rule 316. 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.
Comment: 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 1983 amendment is not intended to change this practice; rather, it is intended that such practice will continue.
Concerning restitution, see 42 Pa.C.S. § 9728 (Collection of restitution, reparation, fees, costs, fines, and penalties).
A defendant may be required to accept conditions of the program as provided by statute. See, e.g., 75 Pa.C.S. § 3807 (Accelerated Rehabilitation Disposition).
Credits
Note: Rule 182 approved May 24, 1972, effective immediately; amended January 28, 1983, effective February 1, 1983; Comment revised April 10, 1989, effective July 1, 1989; Comment revised September 26, 1996, effective immediately; renumbered Rule 316 and amended March 1, 2000, effective April 1, 2001; Comment revised September 21, 2012, effective November 1, 2012.
Rules Crim. Proc., Rule 316, 42 Pa.C.S.A., PA ST RCRP Rule 316
Current with amendments received through March 1, 2024. Some rules may be more current; see credits for details.
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