Rehabilitative Disposition or a fine to be assessed by an
eligible provider to determine whether the use of a nonnarcotic
medication assisted substance abuse treatment program may be
clinically appropriate for the defendant. The court may adopt
local rules for substance abuse treatment assessments. The local
rules may not be inconsistent with this section or any rules
established by the Supreme Court.
(b) Noneligibility.--The following defendants are not
eligible for the program under subsection (a). A defendant who:
(1) Has demonstrated violent behavior.
(2) Has been subject to a sentence which included an
enhancement for the use of a deadly weapon as defined under
law or the sentencing guidelines promulgated by the
Pennsylvania Commission on Sentencing.
(3) Has been found guilty of or was convicted of an
offense involving a deadly weapon, an offense under 18
Pa.C.S. Ch. 61 (relating to firearms and other dangerous
articles) or an equivalent offense under the laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of
Puerto Rico or a foreign nation.
(4) Has been found guilty of or previously convicted of
or adjudicated delinquent for or an attempt or conspiracy to
commit a personal injury crime as defined under section 103
of the act of November 24, 1998 (P.L.882, No.111), known as
the Crime Victims Act, except for an offense under 18 Pa.C.S.
§ 2701 (relating to simple assault) when the offense is a
misdemeanor of the third degree, or an equivalent offense
under the laws of the United States or one of its territories
or possessions, another state, the District of Columbia, the
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