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PA Bulletin, Doc. No. 97-972



District Justice Sentencing Authority; Delaware County Youth Alcohol and Drug Awareness Program; Doc. No. A-41-31-1990

[27 Pa.B. 2924]


   And Now, this 29th day of May, 1997, it is hereby Ordered and Decreed as follows:

   1)  Upon a finding of guilt or a guilty plea, the Delaware County Youth Alcohol and Drug Awareness Program is hereby approved as the exclusive educational sentencing program which shall be imposed by District Justices for first time offenders charged with violating 18 Pa.C.S. § 6308 relating to the possession or consumption of alcohol by persons under the age of twenty-one. In addition thereto, but not in place thereof, the District Justice may also enter an Order placing the offender in the Delaware County Community Service Program.

   2)  Where a Defendant is convicted or is admitted to any approved alternative sentencing program for a violation of 18 Pa.C.S. § 6308, the court shall order the Defendant's operating privileges suspended pursuant to 18 Pa.C.S. § 6310.4. Furthermore, a copy of the Order shall be transmitted to the Department of Transportation.

   3)  The Defendant shall be required to pay any and all restitution as a condition to participation in the Youth Alcohol and Drug Awareness Program.

   4)  The Alcohol and Drug Awareness Program shall be implemented and supervised by Mr. Walter Omlor, Executive Administrator for Alternative Sentences, and strictly enforced according to guidelines issued by the Executive Administrator and approved by the Administrator's Office for District Justices at the direction of the President Judge. The Executive Administrator shall be responsible for maintaining the record checking, recordkeeping and reporting requirements and shall provide such reports as may be required by the President Judge.

   5)  District Justices shall require a Defendant admitted into the Youth Alcohol and Drug Awareness Program to pay Court costs. The Defendant shall pay a Youth Alcohol and Drug Awareness Program fee of One Hundred Dollars ($100.00) and an administrative application fee of Sixty dollars ($60.00) payable directly to the Youth Alcohol and Drug Awareness Program, and, where the Defendant is placed in the Community Service Program, a Community Service Program fee of Twenty-five dollars ($25.00) payable directly to the Community Service Program. The fees may be changed from time to time after a determination is made by the Executive Administrative for Alternative Sentences of the appropriate fee based upon the administrative expenses.

   6)  Whether a Defendant is eligible for the Community Service Program is within the sound discretion of the District Justice.

   7)  The District Justice and Mr. Walter Omlor shall have the discretion, based upon extenuating circumstances, to admit a Defendant into the Youth Alcohol and Drug Awareness Program or the Community Service Program even if the Defendant has previously been admitted into either program.

   8)  If the Defendant fails to complete the Youth Alcohol and Drug Awareness Program or, if applicable, the Community Service Program, the District Justice shall proceed with the case as provided by law.

By the Court

President Judge

[Pa.B. Doc. No. 97-972. Filed for public inspection June 20, 1997, 9:00 a.m.]

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