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Accelerated Rehabilitative Disposition

3807 Accelerated Rehabilitative Disposition

(a)  Eligibility.–

(1)  Except as set forth in paragraph (2), a defendant charged with a violation of section 3802
(relating to driving under influence of alcohol or controlled substance) may be considered by the attorney for
the Commonwealth for participation in an Accelerated Rehabilitative Disposition program in a county if the
program includes the minimum requirements contained in this section.

(2)  The attorney for the Commonwealth shall not submit a charge brought under this chapter for
Accelerated Rehabilitative Disposition if any of the following apply:

(i)  The defendant has been found guilty of or accepted Accelerated Rehabilitative
Disposition of a charge brought under section 3802 within ten years of the date of the current offense
unless the charge was for an ungraded misdemeanor under section 3802(a)(2) and was the defendant’s
first offense under section 3802.

(ii)  An accident occurred in connection with the events surrounding the current
offense and an individual other than the defendant was killed or suffered serious bodily injury as a
result of the accident.

(iii)  There was a passenger under 14 years of age in the motor vehicle the
defendant was operating.

(b)  Evaluation and treatment.–

(1)  A defendant offered Accelerated Rehabilitative Disposition for a violation of section 3802
is, as a condition of participation in the program, subject to the following requirements in addition to any other
conditions of participation imposed by the court:

(i)  The defendant must attend and successfully complete an alcohol highway
safety school established under section 1549 (relating to establishment of schools). A participating
defendant shall be given both oral and written notice of the provisions of section 1543(b) (relating to
driving while operating privilege is suspended or revoked).

(ii)  Prior to receiving Accelerated Rehabilitative Disposition or other preliminary
disposition, the defendant must be evaluated under section 3816(a) (relating to requirements for driving
under influence offenders) to determine the extent of the defendant’s involvement with alcohol or other
drug and to assist the court in determining what conditions of Accelerated Rehabilitative Disposition
would benefit the defendant and the public. If the evaluation indicates there is a need for counseling or
treatment, the defendant shall be subject to a full assessment for alcohol and drug addiction in
accordance with the provisions of section 3814(3) and (4) (relating to drug and alcohol assessments).

(iii)  If the defendant is assessed under subparagraph (ii) to be in need of
treatment, the defendant must participate and cooperate with a licensed alcohol or drug addiction
treatment program. The level and duration of treatment shall be in accordance with the
recommendations of the full assessment. Nothing in this subparagraph shall prevent a treatment
program from refusing to accept a defendant if the program administrator deems the defendant to be
inappropriate for admission to the program. A treatment program shall retain the right to immediately
discharge into the custody of the probation officer an offender who fails to comply with program rules
and treatment expectations or refuses to constructively engage in the treatment process.

(iv)  The defendant must remain subject to court supervision for at least six
months, but not more than 12 months.

(v)  The defendant must make restitution to any person that incurred determinable
financial loss as a result of the defendant’s actions which resulted in the offense. Restitution must be
subject to court supervision.

(vi)  The defendant must pay the reasonable costs of a municipal corporation in
connection with the offense. Fees imposed under this subparagraph shall be distributed to the affected
municipal corporation.

(vii)  The defendant must pay any other fee, surcharge or cost required by law.
Except as set forth in subparagraph (vi) or (viii), a fee or financial condition imposed by a judge as a
condition of Accelerated Rehabilitative Disposition or any other preliminary disposition of any charge
under this chapter shall be distributed as provided for in 42 Pa.C.S. §§ 3571 (relating to Commonwealth
portion of fines, etc.) and 3573 (relating to municipal corporation portion of fines, etc.).

(viii)  The defendant must pay the costs of compliance with subparagraphs (i), (ii)
and (iii).

(2)  The defendant shall be subject to a full assessment for alcohol and drug addiction if any of
the following apply:

(i)  The evaluation under paragraph (1)(ii) indicates a likelihood that the defendant
is addicted to alcohol or other drugs.

(ii)  The defendant’s blood alcohol content at the time of the offense was at least
0.16%.

(3)  The assessment under paragraph (2) shall be conducted by one of the following:

(i)  The Department of Health or its designee.

(ii)  The county agency with responsibility for county drug and alcohol programs
or its designee.

(iii)  The clinical personnel of a facility licensed by the Department of Health for
the conduct of drug and alcohol addiction treatment programs.

(4)  The assessment under paragraph (2) shall consider issues of public safety and shall include
recommendations for all of the following:

(i)  Length of stay.

(ii) Levels of care.

(iii)  Follow-up care and monitoring.

(c)  Insurance.–

(1)  This subsection shall only apply to a health insurance, health maintenance organization or
other health plan required to provide benefits under section 602-A of the act of May 17, 1921 (P.L.682,
No.284), known as The Insurance Company Law of 1921.

(2)  If an individual who is insured by a health insurance, a health maintenance organization or
other health plan, that is doing business in this Commonwealth, the individual may not be deprived of alcohol
and other drug abuse and addiction treatment or coverage within the scope of that plan due to the identification

of an alcohol or other drug problem which occurs as a result of an assessment under this section.

(d)  Mandatory suspension of operating privileges.–As a condition of participation in an Accelerated
Rehabilitative Disposition program, the court shall order the defendant’s license suspended as follows:

(1)  There shall be no license suspension if the defendant’s blood alcohol concentration at the
time of testing was less than 0.10%.

(2)  For 30 days if the defendant’s blood alcohol concentration at the time of testing was at least
0.10% but less than 0.16%.

(3)  For 60 days if:

(i)  the defendant’s blood alcohol concentration at the time of testing was 0.16% or
higher;

(ii)  the defendant’s blood alcohol concentration is not known;

(iii)  an accident which resulted in bodily injury or in damage to a vehicle or other
property occurred in connection with the events surrounding the current offense; or

(iv)  the defendant was charged pursuant to section 3802(d).

(4)  For 90 days if the defendant was a minor at the time of the offense.

(e)  Failure to comply.–

(1)  A defendant who fails to complete any of the conditions of participation contained in this
section shall be deemed to have unsuccessfully participated in an Accelerated Rehabilitative Disposition
program, and the criminal record underlying participation in the program shall not be expunged.

(2)  The court shall direct the attorney for the Commonwealth to proceed on the charges as
prescribed in the Rules of Criminal Procedure if the defendant:

(i)  fails to meet any of the requirements of this section;

(ii)  is charged with or commits an offense under 18 Pa.C.S. (relating to crimes
and offenses); or

(iii)  violates any other condition imposed by the court.

(Nov. 29, 2004, P.L.1369, No.177, eff. imd.)

 

2004 Amendment.  Act 177 amended subsecs. (b)(1)(iv) and (d).
Cross References.  Section 3807 is referred to in section 3817 of this title.

By Kevin Leckerman

Attorney Kevin Lekerman
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