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Administrative Order No. 37 Local Procedures for ARD in Summary Cases
1. A defendant charged with a summary offense who is eligible for ARD may request the same from the Magisterial District Judge. When this occurs, the Magisterial District Judge shall communicate that request, in writing, to the District Attorney. The District Attorney shall respond, in writing, either his approval or disapproval. If the District Attorney disapproves, the Magisterial District Judge shall try and decide the summary case. If the District Attorney agrees, the Magisterial District Judge shall transmit the record to the Clerk of Courts with notice to the District Attorney that the same has been sent.
2. The District Attorney shall then apply to the Court for the admission of the accused to ARD in accordance with the provisions of Pa.R.Crim.P. 177, 178 and 179.
3. All ARDs for summary offenses shall be for a period of three months.
4. The accused shall pay all record costs which would accrue upon a conviction.
5. Where a restitution claim is made and proven, it shall be made a condition of the probation on ARD. Restitution shall be paid to and distributed by the Adult Probation Department.
6. Each issuing authority shall submit a monthly report on all cases submitted for summary ARD to the chief adult probation officer who shall compile such reports and monitor the cases as may be required.
7. If the accused is convicted of a crime or summary offense during the period of ARD probation, then ARD probation shall be terminated and the matter remanded to the original issuing authority for disposition of the underlying summary offense.
8. If the accused successfully completes the period of ARD probation, then the record in the clerk's office shall be marked "Discharged." However, no case shall be marked "Discharged" until all restitution has been paid.