1520 - Adjudication alternative program.
§ 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 magisterial district judge 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; Aug. 11, 2009, P.L.147, No.33, eff. 60 days) 2009 Amendment. Act 33 amended subsec. (a). 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).