Health and Safety

Food and Drugs

CHAPTER 48A. Substance Abuse Rehabilitation Treatment, Education and Prevention Fund

§ 4801A. Fund created.

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, §  168 Del. Laws, c. 443, §§  2, 3

§ 4802A. Source of funds.

(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 § 9016 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, §  168 Del. Laws, c. 443, §§  4, 569 Del. Laws, c. 131, §  1

§ 4803A. Use of fund.

(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, §  168 Del. Laws, c. 443, §§  5, 6

§ 4804A. Annual reports.

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