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.