2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 75 - Other Offenses
7508.1 - Substance Abuse Education and Demand Reduction Fund.

     § 7508.1.  Substance Abuse Education and Demand Reduction Fund.
        (a)  Establishment.--The Substance Abuse Education and Demand
     Reduction Fund is hereby established as an account in the State
     Treasury. This fund shall be administered by the Pennsylvania
     Commission on Crime and Delinquency and shall be comprised of
     costs imposed and collected in accordance with the provisions of
     this section. All moneys in the fund and the interest accruing
     thereon are hereby appropriated, upon approval of the Governor,
     to the commission to carry out the provisions of this section.
        (b)  Imposition.--Unless the court finds that undue hardship
     would result, a mandatory cost of $100, which shall be in
     addition to any other costs imposed pursuant to statutory
     authority, shall automatically be assessed on any individual
     convicted, adjudicated delinquent or granted Accelerated
     Rehabilitative Disposition or any individual who pleads guilty
     or nolo contendere for a violation of the act of April 14, 1972
     (P.L.233, No.64), known as The Controlled Substance, Drug,
     Device and Cosmetic Act, or a violation of 75 Pa.C.S. § 3802
     (relating to driving under influence of alcohol or controlled
     substance).
        (c)  Additional assessment.--In addition to the assessment
     required by subsection (b), a person convicted of or adjudicated
     delinquent for a violation of 75 Pa.C.S. § 3802 shall be
     assessed $200 where the amount of alcohol by weight in the blood
     of the person is equal to or greater than 0.16% at the time a
     chemical test is performed on a sample of the person's breath,
     blood or urine. For the purposes of this subsection, the sample
     of the person's blood, breath or urine shall be taken within two
     hours after the person is placed under arrest.
        (d)  Collection.--Costs imposed under this section shall be
     collected in accordance with local court rules by the clerk of
     courts in the county where the violation has occurred. Of the
     amount collected, 50% shall remain in that county to be used for
     substance abuse treatment or prevention programs and the
     remaining 50% shall be deposited into the Substance Abuse
     Education and Demand Reduction Fund established under this
     section.
        (e)  Application.--All costs provided for in this section
     shall be in addition to and not in lieu of any fine authorized
     by law or required to be imposed under the act of November 24,
     1998 (P.L.882, No.111), known as the Crime Victims Act, or any
     other law. Nothing in this section shall be construed to affect,
     suspend or diminish any other criminal sanction, penalty or
     property forfeiture permitted by law.
        (f)  Grants.--Notwithstanding any other provision of law, the
     commission shall, upon written application and subsequent
     approval, use moneys received under this section to annually
     award grants to approved applicants in the following manner:
            (1)  (i)  Subject to the provisions of subparagraph (ii),
            45% of grant moneys deposited into the fund each fiscal
            year shall be made available to nonprofit organizations
            to provide research-based approaches to prevention,
            intervention, training, treatment and education services
            to reduce substance abuse or to provide resources to
            assist families in assessing the services. Nonprofit
            organizations may jointly apply for grant moneys with a
            local government unit but shall not be required to do so.
                (ii)  (A)  Up to 20% of grant moneys available under
                subparagraph (i) may be used to:
                        (I)  Assist in the start-up of victim impact
                    panel programs under 75 Pa.C.S. § 3804(f.1)
                    (relating to penalties).
                        (II)  Study the impact outcome and benefits
                    of victim impact panels within this Commonwealth,
                    including the impact of victim impact panels on
                    driving under the influence recidivism and their
                    impact on the well-being of participating
                    victims.
                        (III)  Provide assistance for the ongoing
                    operation of victim impact panels.
                    (B)  An applicant for a grant under this
                subparagraph may be an entity other than a nonprofit
                organization.
            (2)  Twenty percent of grant moneys deposited into the
        fund each fiscal year shall be made available to eligible
        organizations to educate youth, caregivers of youth and
        employers about the dangers of substance abuse and to
        increase the awareness of the benefits of a drug-free
        Pennsylvania through media-related efforts that may include
        public service announcements, public awareness campaigns and
        media literacy.
            (3)  Twenty percent of grant moneys deposited into the
        fund each fiscal year shall be made available to eligible
        organizations to educate employers, unions and employees
        about the dangers of substance abuse in the workplace and
        provide comprehensive drug-free workplace programs and
        technical resources for businesses, including, but not
        limited to, training for working parents to keep their
        children drug free.
            (4)  Ten percent of the grant moneys deposited into the
        fund each fiscal year shall be transferred annually to the
        Community Drug Abuse Prevention Grant Program within the
        Office of Attorney General.
        (g)  Administration.--The commission shall develop guidelines
     and procedures necessary to implement the grant program. The
     commission shall equitably distribute grant moneys to approved
     applicants under subsection (f)(1) and eligible organizations
     under subsection (f)(2) and (3). Each fiscal year the commission
     shall make available grant moneys equaling, except for funds to
     be transferred under subsection (f)(4) and administrative funds
     as provided for in this subsection, the balance of moneys
     deposited into the fund as of June 30 of the previous fiscal
     year. No more than 5% of total moneys deposited in the fund
     during a fiscal year may be used by the commission to administer
     the provisions of this section.
        (h)  Other initiatives.--Funds disbursed under this section
     shall not supplant Federal, State or local funds that would have
     otherwise been made available for substance abuse prevention,
     education, support, treatment and outreach initiatives.
        (i)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Commission."  The Pennsylvania Commission on Crime and
     Delinquency.
        "Eligible organization."  A Statewide organization that meets
     all of the following requirements:
            (1)  Possesses five or more consecutive years of
        experience carrying out substance abuse education and demand
        reduction or substance abuse treatment programs.
            (2)  Maintains a drug-free workplace policy.
            (3)  Has as its purpose the reduction of substance abuse.
        "Fund."  The Substance Abuse Education and Demand Reduction
     Fund established by this section.
     (Dec. 9, 2002, P.L.1539, No.198, eff. 60 days; Sept. 30, 2003,
     P.L.120, No.24, eff. Feb. 1, 2004; May 11, 2006, P.L.155, No.36,
     eff. imd.)

        2006 Amendment.  Act 36 amended subsecs. (f), (g) and (i).
     See the preamble to Act 36 in the appendix to this title for
     special provisions relating to legislative findings and
     declarations.
        2003 Amendment.  Act 24 amended subsecs. (b) and (c).
        2002 Amendment.  Act 198 added section 7508.1.

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