PRINTER'S NO. 1029
No. 919 Session of 2001
INTRODUCED BY ORIE, BELARDI, PRESTON, STERN, LAUGHLIN,
McILHATTAN, MICOZZIE, MELIO, PETRARCA, M. BAKER, READSHAW,
HARHAI, WALKO, FREEMAN, SOLOBAY, YOUNGBLOOD, C. WILLIAMS,
BEBKO-JONES, BROWNE, THOMAS, STURLA, DALEY, CIVERA, WILT,
HORSEY, J. TAYLOR, BUNT, FEESE, BLAUM, HENNESSEY, DALLY AND
STEELMAN, MARCH 12, 2001
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 12, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for Drug Education and
3 Demand Reduction Fund; and imposing assessments.
4 WHEREAS, The General Assembly finds that substance abuse
5 contributes significantly to the fiscal, economic and social
6 harm imposed on the Commonwealth and over half of the nation's
7 economic impact of alcohol and drug abuse is passed along to
8 persons who do not abuse alcohol or drugs, including
9 institutions, employers and families; and
10 WHEREAS, According to the United States Department of Health
11 and Human Services 1999 National Household Survey on Drug Abuse,
12 over 70% of substance abusers are employed and employees who use
13 and abuse alcohol and illicit drugs increase costs for
14 businesses and risk the health and safety of all employees; and
15 WHEREAS, The 1998 Pennsylvania Crash Facts and Statistics
16 from the Department of Transportation indicate that 36% of all
1 deaths from automobile accidents were alcohol-related and
2 alcohol-related accidents were five times more likely to result
3 in death than those not related to alcohol; and
4 WHEREAS, The General Assembly also finds that demand
5 reduction sanctions are critical to any effective substance
6 abuse strategy and that it is the policy of the Commonwealth to
7 hold users accountable and to address the education or treatment
8 needs of offenders.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Title 18 of the Pennsylvania Consolidated
12 Statutes is amended by adding a section to read:
13 § 7508.1. Drug Education and Demand Reduction Fund.
14 (a) Establishment.--The Drug Education and Demand Reduction
15 Fund is hereby established as an account in the State Treasury.
16 It shall be the duty of the Secretary of Revenue to appropriate
17 all money received to the Pennsylvania Commission on Crime and
18 Delinquency on a continuing basis. It shall be the
19 responsibility of the commission to distribute and award the
20 moneys set forth under this section.
21 (b) Source.--The source of the fund shall be all assessments
22 and earned interest as provided for in this section.
23 (c) Collection.--Assessments imposed under this section
24 shall be collected in accordance with local court rules by the
25 prothonotary in the county where the violation has occurred.
26 Fifty percent of the amount collected shall remain in that
27 county for the financing of drug and alcohol abuse treatment or
28 prevention programs administered by the single county
29 authorities. The balance remaining shall be deposited in the
30 fund established under this section.
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1 (d) Assessments.--
2 (1) A person convicted of or adjudicated delinquent for
3 a violation of section 13(a)(1), (12), (13), (14), (15),
4 (16), (19), (30), (31), (32), (33), (34), (35), (36) and (37)
5 of the act of April 14, 1972 (P.L.233, No.64), known as The
6 Controlled Substance, Drug, Device and Cosmetic Act, shall be
7 assessed for each offense the amount of:
8 (i) One thousand five hundred dollars for an offense
9 graded as a felony.
10 (ii) Seven hundred fifty dollars for an offense
11 graded as a misdemeanor.
12 (2) A person convicted of or adjudicated delinquent for
13 a violation of 75 Pa.C.S. § 3731 (relating to driving under
14 influence of alcohol or controlled substance) shall be
15 assessed for each offense the amount of:
16 (i) Three hundred dollars in the case of an offense
17 graded as a misdemeanor of the second degree.
18 (ii) Four hundred dollars in the case of an offense
19 graded as a misdemeanor of the first degree.
20 For purposes of this subsection, a person granted Accelerated
21 Rehabilitative Disposition or a juvenile granted a consent
22 decree is to be considered convicted or adjudicated delinquent.
23 (e) Assessment limit.--A person placed in a drug and alcohol
24 rehabilitation program for an offense under this section shall
25 be assessed the amount prescribed in subsection (c) and
26 applicable to the grading of the offense charged, except that
27 the court may not impose more than one assessment regardless of
28 the number of offenses charged. If the person is charged with
29 more than one offense, the court shall impose as a condition of
30 substance abuse rehabilitation the assessment applicable to the
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1 highest graded offense for which the person is charged.
2 (f) Application.--All assessments provided for in this
3 section shall be in addition to and not in lieu of any fine
4 authorized by law or required to be imposed.
5 (g) Rehabilitation program.--The court may suspend the
6 collection of the assessment imposed under this section if the
7 defendant agrees to enter a drug and alcohol rehabilitation
8 program approved by the court and if the defendant agrees to pay
9 for all or some portion of the costs associated with the
10 rehabilitation program subject to the court's determination as
11 required in subsection (h). In this case, the collection of the
12 assessment imposed under this section shall be suspended during
13 the defendant's participation in the approved rehabilitation
14 program. Upon successful completion of the program, the
15 defendant may apply to the court to reduce the assessment
16 imposed under this section by any amount actually paid by the
17 defendant for his participation in the program. The court shall
18 not reduce the assessment pursuant to this subsection unless the
19 defendant establishes to the satisfaction of the court that he
20 has successfully completed the rehabilitation program. If the
21 defendant's participation is for any reason terminated before
22 his successful completion of the rehabilitation program,
23 collection of the entire assessment imposed under this section
24 shall be enforced.
25 (h) Inability to pay.--The court shall require the defendant
26 to pay the maximum amount of the assessment imposed by this
27 section unless the court first makes a finding that the
28 defendant is financially unable to pay any portion of the
29 assessment. The court shall waive only that portion of the
30 assessment which the court has found the defendant is
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1 financially unable to pay.
2 (i) Other sanctions.--Nothing in this section shall be
3 deemed to affect or suspend any other criminal sanctions imposed
4 by law.
5 (j) Priority of awards.--Notwithstanding 42 Pa.C.S. § 3733
6 (relating to deposits into account) or any other law, the
7 commission shall use moneys received under this section to make
8 awards to eligible organizations in the following order of
9 priority:
10 (1) To a Statewide eligible organization to educate and
11 increase employers', unions' and employees' knowledge and
12 awareness about alcohol and drug abuse in the workplace and
13 provide drug-free workplace services and technical assistance
14 to employers for the development and expansion of drug-free
15 workplace programs to include a written substance abuse
16 policy, employee drug and alcohol testing consortium, an
17 employee assistance program or consortium, supervisory
18 training, employee education and drug awareness materials,
19 and training for working parents to keep their children drug
20 free.
21 (2) To a Statewide eligible organization to educate and
22 increase public awareness of the benefits of a drug-free
23 Pennsylvania through a Statewide, multi-media anti-drug
24 public service announcement campaign targeted toward
25 employers, youth and those persons who influence youth about
26 the dangers of the illegal use of drugs.
27 (3) To a Statewide organization representing alcohol and
28 drug prevention, education and treatment services, including
29 alcohol and drug prevention, education and treatment
30 programs, employee assistance programs, drug and alcohol
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1 prevention and treatment associations, certified addiction
2 professionals, student assistance professionals, prevention
3 specialists and other individuals organized to provide
4 alcohol and drug prevention, education and treatment services
5 for all citizens in need of these services in this
6 Commonwealth.
7 (4) To a Statewide organization to provide education and
8 prevention training, materials and assistance designed to
9 reduce driving under the influence, prevent underage drinking
10 and support the victims of driving under the influence
11 offenses.
12 (5) To a Statewide student peer leadership organization
13 to provide prevention and intervention tools for youth to
14 prevent underage drinking, youth DUI offenses and drug use by
15 focusing attention on the consequences.
16 (6) To the Community Drug Abuse Prevention Grant Program
17 within the Office of Attorney General.
18 (7) To community-based organizations to provide and
19 implement effective drug and alcohol reduction strategies and
20 substance abuse prevention or treatment services.
21 (8) To study, administer and evaluate the effectiveness
22 of programs funded under this section.
23 (k) Allocation of funds.--From the moneys made available on
24 an annual basis to the commission from the fund to carry out
25 this section, the chairman of the commission shall award:
26 (1) The greater of $325,000 or 4% of the moneys received
27 from the Drug Education and Demand Reduction Fund to carry
28 out the program specified in subsection (j)(1).
29 (2) The greater of $325,000 or 4% of the moneys received
30 from the fund to carry out the program specified in
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1 subsection (j)(2).
2 (3) No more than 8% of the moneys received from the fund
3 to carry out the program specified in subsection (j)(3).
4 (4) No more than 8% of the moneys received from the fund
5 to carry out the program specified in subsection (j)(4).
6 (5) No more than 8% of the moneys received from the fund
7 to carry out the program specified in subsection (j)(5).
8 (6) No more than 14% of the moneys received from the
9 fund to carry out the program specified in subsection (j)(6).
10 (l) Insufficient funds.--In the event of insufficient funds,
11 the commission shall make awards to eligible organizations based
12 on the priorities set forth in this section.
13 (m) Unexpended funds.--If any moneys remain unexpended after
14 funding the programs outlined in subsection (k), the chairman
15 shall use the remaining moneys to carry out the programs
16 specified in subsection (j)(7) and (8), but no more than 4% of
17 the moneys received shall be expended for subsection (j)(8).
18 (n) Other initiatives.--Funds disbursed under this section
19 shall not supplant Federal, State or local funds that would have
20 otherwise been made available for alcohol and drug abuse
21 prevention, education, support, treatment and outreach
22 initiatives.
23 (o) Definitions.--As used in this section, the following
24 words and phrases shall have the meanings given to them in this
25 subsection:
26 "Chairman." The Chairman of the Pennsylvania Commission on
27 Crime and Delinquency."
28 "Commission." The Pennsylvania Commission on Crime and
29 Delinquency.
30 "Drug-free workplace policy." A written statement notifying
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1 employees that the unlawful manufacture, distribution, transfer,
2 sale, dispensation, possession or use of a controlled substance
3 is prohibited in the employer's workplace and specifying the
4 actions that will be taken against employees for violations of
5 such prohibitions.
6 "Eligible organization." A private, Statewide, community-
7 based, nonprofit or county organization that meets all of the
8 following requirements:
9 (1) Possesses five or more consecutive years of
10 experience in carrying out drug education and demand
11 reduction or substance abuse treatment programs.
12 (2) Maintains a drug-free workplace policy.
13 (3) Maintains an office in this Commonwealth.
14 (4) Has as its purpose the reduction of substance abuse.
15 "Fund." The Drug Education and Demand Reduction Fund
16 established by this section.
17 "Rehabilitation program." A drug and alcohol addiction
18 facility licensed for that purpose by the Department of Health.
19 Section 2. This act shall take effect in 60 days.
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