Adjudication alternative program - 42 Pa. Cons. Stat. § 1520

     § 1520.  Adjudication alternative program.
        (a)  General rule.--Except for cases charging offenses under
     Titles 75 (relating to vehicles) and 34 (relating to game), the
     magisterial district judge may, upon hearing the facts of a
     case, admit to an appropriate adjudication alternative
     authorized by this section persons charged with summary
     offenses. The defendant shall not be required to plead guilty to
     be accepted by the district justice into the program. Acceptance
     of participation in an alternative authorized by this section
     shall be considered a first conviction for the purpose of
     computing whether a subsequent conviction of an offense shall be
     considered a second or subsequent conviction.
        (b)  Public service programs and other adjudication
     alternatives.--A magisterial district judge may, in lieu of
     making a disposition, place an offender in an appropriate
     program in which a public service or charitable agency or
     organization or political subdivision agrees to assume
     supervisory responsibility for the offender. The program in
     general shall be approved by the court of common pleas having
     supervision over that magisterial district. This program may
     include work, counseling, public service, job training,
     education or other appropriate community service or self-
     improvement. The placement authorized by the magisterial
     district judge shall be appropriate to the offense charged and
     in the best interests of the community and the offender. The
     conditions of the program may include the imposition of costs
     and restitution, the imposition of a reasonable charge relating
     to the expense of administering the program and any other
     conditions agreed to by the offender.
        (c)  Completion of program.--The magisterial district judge
     shall provide written notice to the public service or charitable
     agency or organization or political subdivision of the placement
     of the offender. Upon notification, the public service or
     charitable agency or organization or political subdivision
     shall, as a condition to agreeing to accept responsibility for
     supervision of the offender, make periodic reports on the
     fulfillment of the conditions and a final report upon the
     completion of the appropriate adjudication alternative as
     required by the supervising magisterial district judge. The
     magisterial district judge shall dismiss the charges and shall
     relieve the offender of the obligation to pay any fine or serve
     any sentence of imprisonment upon the successful completion of
     the program.
        (d)  Refusal to accept or complete program.--If the offender
     refuses to accept the conditions required by the magisterial
     district judge or fails to complete the program without good
     cause or violates any condition of the program without good
     cause, the magisterial district judge shall proceed on the
     charges as provided by law.
        (e)  Immunity.--A magisterial district judge and any public
     service or charitable agency or organization or political
     subdivision supervising or administering a public service
     program under this section shall be immune from any civil action
     for damages brought by a person admitted to this program.
     Nothing in this section shall be construed to limit or otherwise
     affect or preclude liability resulting from gross negligence or
     intentional misconduct. Reckless, willful or wanton misconduct
     constitutes gross negligence.
        (f)  Definition.--As used in this section, the term
     "magisterial district judge" includes a judge of the Pittsburgh
     Magistrates Court.
     (July 1, 1987, P.L.180, No.21, eff. imd.; Nov. 30, 2004,
     P.L.1618, No.207, eff. 60 days)

        2004 Amendment.  See sections 28 and 29 of Act 207 in the
     appendix to this title for special provisions relating to
     applicability and construction of law.
        Prior Provisions.  Former section 1520, which related to
     community public service programs, was added September 27, 1985,
     P.L.238, No.60, and repealed December 11, 1986, P.L.1521,
     No.165, effective immediately.
        Suspension by Court Rule.  Section 1520 was suspended by
     Pennsylvania Rule of Criminal Procedure No. 1101(3), adopted
     March 1, 2000, insofar as it is inconsistent with Rules 300,
     301, 302 and 310 through 320 relating to Accelerated
     Rehabilitative Disposition.
        Cross References.  Section 1520 is referred to in sections
     6305, 6306.1, 6307, 6308, 6310.3 of Title 18 (Crimes and
     Offenses); section 925 of Title 34 (Game).
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Last modified: November 27, 2007