A recent state Supreme Court decision ruling the use of diversion courts can’t be counted as a prior DUI offense by sentencing courts is creating a potentially serious problem.

It’s a problem the state Legislature should fix – quickly.

The Supreme Court ruled that counting ARD as a conviction violates the due process rights of those accused of DUI if they have to be resentenced later. That ruling means sentencing courts are no longer able to consider completion of the ARD diversionary program as a first conviction for DUI – and means lighter sentencing for those who complete the ARD program and later reoffend. Some district attorneys on the eastern end of the state are pausing their ARD programs in the wake of the decision, according to LancasterOnline. It would be a shame if the program isn’t offered by district attorneys because state lawmakers can’t find the time to rewrite the program so that it passes state constitutional muster.

Two members of the state House of Representatives – Republican Rob Kauffman and Democrat Tim Briggs – are wasting no time to introduce the legislative fix that is needed. Kauffman and Briggs propose the Driving Under the Influence Treatment Program to impose the constitutional safeguards lacking in current statute and, like ARD, address an offender’s rehabilitative needs while balancing the concerns for public safety in recidivist DUI penalties. Upon an offender’s successful completion of the program, the court would order expungement of the DUI offense from the offender’s criminal record, but would still allow courts to treat an offender’s participation in the ARD program as a prior offense if the offender is charged later with another DUI.

The ARD program can be beneficial to those who use the opportunity to take their rehabilitation seriously and avoid future DUI charges. The opportunity to change one’s life shouldn’t come to an end because state lawmakers can’t move quickly on what should be a common-sense bill.

State lawmakers may not agree on much, but fixing the ARD program to comply with the state Supreme Court’s order should be something they can come together on soon.