Rule Text
(a) The conditions of the program may include:
(1) those imposed with respect to probation after conviction of a crime, including restitution, except that a fine may not be imposed;
(2) the imposition of costs and a reasonable charge relating to the expense of administering the program; and
(3) such other conditions as may be agreed to by the parties.
(b) The period of such program for any defendant shall not exceed two years.
Amendment history: The provisions of this Rule 316 amended September 21, 2012, effective November 21, 2012, 42 Pa.B. 6247; amended April 21, 2026, effective November 1, 2026, 56 Pa.B. 2555. Immediately preceding text appears at serial page (364096).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When someone is placed in this diversion program instead of going through a regular criminal trial, the court can set certain rules they must follow. These rules can look a lot like regular probation conditions. For example, the person might have to pay back money to a victim (restitution). However, the court cannot make them pay a fine as part of this program.
The court can also charge the person for the cost of running the program. On top of that, both sides (the defendant and the prosecution) can agree to add other conditions that fit the specific case.
No matter what conditions are included, the whole program cannot last longer than two years. Once that time limit is reached, the program must end.
Committee Notes
Subdivision (a) makes it clear that reasonable charges for the expense of administering the program may be imposed on defendants. It is intended that these charges may be imposed on those admitted into the program and that no separate fees be required for application for admission into the program.
The practice has been to permit qualified individuals who are indigent to participate in the ARD program without payment of costs or charges. The 1983 amendment is not intended to change this practice; rather, it is intended that such practice will continue.
Concerning restitution, see 42 Pa.C.S. § 9728 (Collection of restitution, reparation, fees, costs, fines, and penalties).
A defendant may be required to accept conditions of the program as provided by statute. See, e.g., 75 Pa.C.S. § 3807 (Accelerated Rehabilitative Disposition).
