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.

 (B)  The period of such program for any defendant shall not exceed two years.

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).

   Official 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.

   Committee Explanatory Reports:

   Report explaining the September 26, 1996 Comment revision published with the Court’s Order at 26 Pa.B. 4894 (October 12, 1996).

   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).

   Final Report explaining the September 21, 2012 correction of the reference to the Vehicle Code in the last paragraph of the Comment published with the Court’s Order at 42 Pa.B. 6251 (October 6, 2012).

Source

   The provisions of this Rule 316 amended September 21, 2012, effective November 21, 2012, 42 Pa.B. 6247. Immediately preceding text appears at serial pages (264171) and (264172).



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