CHAPTER 210

FORMERLY

HOUSE BILL NO. 269

AS AMENDED BY

HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE TO PROVIDE FUNDING FOR A STATE FUNDING DRUG REHABILITATION, TREATMENT AND EDUCATION FUND.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 16, by adding a new Chapter 48 A. thereto to read as follows:
"CHAPTER 48 A. DRUG REHABILITATION, TREATMENT AND EDUCATION FUND

§401. Fund Created

The General Assembly in order to help provide funding for drug rehabilitation, treatment and education, hereby creates a special 'Drug Rehabilitation, Treatment and Education Fund,'

§402. Source of Funds

(a) In addition to, and at the same time as, any fine is assessed to any criminal defendant, of any violations of §§4751-4758, 4761, or 4771-4774 of this Title 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 'Drug Rehabilitation, Treatment and Education Fund.'

§403. Use of Fund

(a) The State Treasurer shall have the power to invest the assets of the Drug Rehabilitation, Treatment and Education 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 drug rehabilitation, treatment and education and shall be administered jointly by the Secretary of Health and Social Services and the Secretary of Services to Children, Youth and Their Families.

§404. 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."

Approved May 14, 1990.