§ 4801A. | § 4802A. | § 4803A. | § 4804A.
The General Assembly, in order to help provide funding for substance abuse rehabilitation, treatment coordination, prevention and education, hereby creates a special "Substance Abuse Rehabilitation, Treatment Coordination, Prevention and Education Fund." (67 Del. Laws, c. 210, § 1; 68 Del. Laws, c. 443, §§ 2, 3.)
(a) In addition to and at the same time as any fine is assessed to any criminal defendant, or juvenile adjudicated delinquent for any violations of §§ 4751-4758, 4761 or 4771-4774 of this title or § 4177 of Title 21, there shall be levied an additional penalty, in addition to the penalty assessment as provided in § 9012 of Title 11, of 15% of every fine, penalty and forfeiture imposed and collected by the courts for such criminal offenses. When a fine, penalty or forfeiture is suspended in whole or in part, the penalty assessment shall not be suspended.
(b) Upon collection of the penalty assessment, the same shall be paid over to the agency, Prothonotary or clerk of the court as the case may be, who shall collect it and transmit it to the State Treasurer to be deposited in a separate account designated "Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund." (67 Del. Laws, c. 210, § 1; 68 Del. Laws, c. 443, §§ 4, 5; 69 Del. Laws, c. 131, § 1.)
(a) The State Treasurer shall have the power to invest the assets of the Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund in a prudent manner. Any profits and interest from such investment shall remain in the Fund and become part of the principal thereof.
(b) The funds raised by this chapter shall be used only for the provision of and coordination of substance abuse rehabilitation treatment, education and/or prevention services and shall be administered by the permanent treatment access committee of SENTAC; provided that any expenditures therefrom must be approved by the Delaware State Clearinghouse Committee. (67 Del. Laws, c. 210, § 1; 68 Del. Laws, c. 443, §§ 5, 6.)
The State Treasurer shall transmit to the Governor, State Auditor and the General Assembly an annual report describing the status of this Fund. (67 Del. Laws, c. 210, § 1.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 422, effective October 31, 2008.
DISCLAIMER: Please Note: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. This information is provided for informational purposes only. Please seek legal counsel for help on interpretation of individual statutes.