Pennsylvania Statutes
75 PA. Cons. Stat.: Vehicles
Chapter 38: Driving after Imbibing Alcohol or Utilizing Drugs
§ 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.
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