CHAPTER 41. FINES, COSTS, PENALTIES AND FORFEITURES
Subchapter II. Special Law Enforcement Assistance Fund
§ 4110. Purpose; created.
The General Assembly hereby declares that in order to provide funds to combat organized crime, especially with respect to
the unlawful trafficking in controlled substances, unlawful gambling activities and unlawful pornographic and prostitution-related
activities, it is necessary to establish a fund for the use of law-enforcement agencies in the State. This special fund is
hereby created and shall be known as the "Special Law Enforcement Assistance Fund."
63 Del. Laws, c. 140, § 1.;
§ 4111. Use [Effective until July 22, 2011]
(a) The use of money from this Special Fund must be for the purposes declared herein as such requires the use of United States
currency in undercover operations or which requires the reimbursement for payment of overtime to investigators working on
organized crime investigations; provided, however, that such overtime may be paid by their agency only to officers of state
and local law-enforcement agencies or to auditors from the Office of Auditor of Accounts.
(b) Funds from the Special Law Enforcement Assistance Fund are authorized to be used for the additional limited purpose of
constructing a Delaware Law Enforcement Memorial consistent with and in furtherance of House Joint Resolution No. 3 of the
145th General Assembly.
(c) The power and authority granted under subsection (b) of this section shall sunset July 22, 2011.
63 Del. Laws, c. 140, § 1; 77 Del. Laws, c. 176, § 1.;
§ 4111. Use [Effective July 22, 2011]
(a) The use of money from this Special Fund must be for the purposes declared herein as such requires the use of United States
currency in undercover operations or which requires the reimbursement for payment of overtime to investigators working on
organized crime investigations; provided, however, that such overtime may be paid by their agency only to officers of state
and local law-enforcement agencies or to auditors from the Office of Auditor of Accounts.
(b), (c) [Repealed.]
63 Del. Laws, c. 140, § 1; 77 Del. Laws, c. 176, § 1.;
§ 4112. Source of funds.
(a) Upon the forfeiture of any money in a criminal case in any court of this State, the same shall be paid over to the Prothonotary
or clerk of the court, as the case may be, who shall collect the same and transmit it to the State Treasurer to be held as
special funds for the purposes referred to in §§ 4110 and 4111 of this title. The Special Law Enforcement Assistance Fund
shall not include fines, court costs or restitution ordered by the court in any criminal case, nor shall it include bail forfeitures.
It shall, however, include any money or the proceeds obtained from the sale or other disposition of any property which is
forfeited to the State by determination of the court that the property was:
(1) Used for criminal purposes; or
(2) Obtained as the fruits of a criminal enterprise.
(b) Upon the signing of any forfeiture order pursuant to this section, the clerk of the court or the Prothonotary in which
the order was signed shall transmit a copy of said order to the State Treasurer. If the forfeited money is not in the possession
of the court clerk or Prothonotary, the money shall be transmitted to the State Treasurer, for deposit into the Special Law
Enforcement Assistance Fund directly by the law-enforcement agency which is in possession of the money.
63 Del. Laws, c. 140, § 1; 63 Del. Laws, c. 356, § 1; 67 Del. Laws, c. 260, § 1.;
§ 4113. Disbursement of funds.
(a) The disbursement of funds from this account shall be made by the State Treasurer to a law-enforcement agency only upon
written application by the agency and upon authorization by the Attorney General, the Director of the Office of Management
and Budget and the Controller General on a form designed for such purpose by the Attorney General and the State Treasurer.
Guidelines for appropriate uses of the fund shall be established by the Attorney General with the concurrence of the Director
of the Office of Management and Budget and the Controller General.
(b) This application and authorization form must include the following information:
(1) The amount of funds requested;
(2) The anticipated purpose for which such funds are requested;
(3) The amount of any and all funds received by said agency from the Special Law Enforcement Assistance Fund during the previous
5 fiscal years; and
(4) The name of the agency requesting said funds and the name of the individual in that agency who shall be responsible for
keeping accurate records as to the use of said funds.
(c) The Attorney General shall determine whether or not the expressed purpose for the expenditure requested is included within
those purposes allowed under this subchapter; and further, whether the proposed expenditure of funds for the expressed purpose
will be in the best interests of law enforcement. If the Attorney General determines that the proposed expenditure meets these
criteria, the Attorney General, with the concurrence of the Director of the Office of Management and Budget and the Controller
General, may authorize the expenditure in whole or in part and only then shall the funds be paid to the appropriate law-enforcement
agency.
(d) The methods and procedures established for the application and expenditure of this Fund are not subject to the normal
accounting practices set forth in Chapter 65 of Title 29.
(e) All records, applications, approvals, authorizations and reports required by this subchapter shall be exempt from disclosure
under Chapter 100 of Title 29.
63 Del. Laws, c. 140, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 94, §§ 19, 20; 75 Del. Laws, c. 88, § 21(6).;
§ 4114. Accounting of funds; permissible types of investigative activities.
(a) Funds obtained by law-enforcement agencies pursuant to this subchapter shall be used only for the purposes set out in
subsection (b) of this section. Each agency receiving any such funds during any fiscal year shall render on or before June
30 of each year a full and complete accounting for the use of such funds to the Attorney General, who shall attain such accountings
for inspection by the State Auditor. Any special law-enforcement assistance funds which are in the hands of any agency and
which are not fully expended by the end of the fiscal year must then be returned by the agency to the Fund unless the agency
has requested and has received an authorization in writing for an extension of up to 120 days by the Attorney General.
(b) Funds from the Special Law Enforcement Assistance Fund may be used for the following types of investigative activities:
(1) Payment of informant money;
(2) Payment for the purchase by undercover agents of unlawful substances, such as but not limited to counterfeit or real controlled
substances, pornographic materials, stolen property or other contraband;
(3) Use as gambling front money by undercover agents;
(4) Payment of overtime to Delaware state or local law-enforcement officers or auditors from the Office of Auditor of Accounts
when engaged in special or extraordinary investigations of organized criminal activity.
(5) To provide any service to a witness or potential witness pursuant to Chapter 96 of this title.
63 Del. Laws, c. 140, § 1; 74 Del. Laws, c. 57, § 2.;
§ 4115. Review.
Any agency receiving funds from the Special Law Enforcement Assistance Fund shall, on or before July 15, submit a detailed
and complete accounting of the disbursement for all such funds from the prior fiscal year to the Auditor of Accounts and the
Attorney General. The Auditor and Attorney General shall review said accounting and shall maintain them as confidential files.
The Attorney General shall submit on or before October 1 of each year a confidential report to the Chairperson and Vice-Chairperson
of the Joint Finance Committee summarizing the expenditures from this Fund during the preceding fiscal year.
63 Del. Laws, c. 140, § 1.;
§ 4116. Excess funds.
If at any time the amount of funds segregated in the Special Law Enforcement Assistance Fund exceeds $500,000, the excess
shall be deposited in the General Fund.
63 Del. Laws, c. 140, § 1; 74 Del. Laws, c. 111, § 33.;
CHAPTER 41. FINES, COSTS, PENALTIES AND FORFEITURES
Subchapter II. Special Law Enforcement Assistance Fund
§ 4110. Purpose; created.
The General Assembly hereby declares that in order to provide funds to combat organized crime, especially with respect to
the unlawful trafficking in controlled substances, unlawful gambling activities and unlawful pornographic and prostitution-related
activities, it is necessary to establish a fund for the use of law-enforcement agencies in the State. This special fund is
hereby created and shall be known as the "Special Law Enforcement Assistance Fund."
63 Del. Laws, c. 140, § 1.;
§ 4111. Use [Effective until July 22, 2011]
(a) The use of money from this Special Fund must be for the purposes declared herein as such requires the use of United States
currency in undercover operations or which requires the reimbursement for payment of overtime to investigators working on
organized crime investigations; provided, however, that such overtime may be paid by their agency only to officers of state
and local law-enforcement agencies or to auditors from the Office of Auditor of Accounts.
(b) Funds from the Special Law Enforcement Assistance Fund are authorized to be used for the additional limited purpose of
constructing a Delaware Law Enforcement Memorial consistent with and in furtherance of House Joint Resolution No. 3 of the
145th General Assembly.
(c) The power and authority granted under subsection (b) of this section shall sunset July 22, 2011.
63 Del. Laws, c. 140, § 1; 77 Del. Laws, c. 176, § 1.;
§ 4111. Use [Effective July 22, 2011]
(a) The use of money from this Special Fund must be for the purposes declared herein as such requires the use of United States
currency in undercover operations or which requires the reimbursement for payment of overtime to investigators working on
organized crime investigations; provided, however, that such overtime may be paid by their agency only to officers of state
and local law-enforcement agencies or to auditors from the Office of Auditor of Accounts.
(b), (c) [Repealed.]
63 Del. Laws, c. 140, § 1; 77 Del. Laws, c. 176, § 1.;
§ 4112. Source of funds.
(a) Upon the forfeiture of any money in a criminal case in any court of this State, the same shall be paid over to the Prothonotary
or clerk of the court, as the case may be, who shall collect the same and transmit it to the State Treasurer to be held as
special funds for the purposes referred to in §§ 4110 and 4111 of this title. The Special Law Enforcement Assistance Fund
shall not include fines, court costs or restitution ordered by the court in any criminal case, nor shall it include bail forfeitures.
It shall, however, include any money or the proceeds obtained from the sale or other disposition of any property which is
forfeited to the State by determination of the court that the property was:
(1) Used for criminal purposes; or
(2) Obtained as the fruits of a criminal enterprise.
(b) Upon the signing of any forfeiture order pursuant to this section, the clerk of the court or the Prothonotary in which
the order was signed shall transmit a copy of said order to the State Treasurer. If the forfeited money is not in the possession
of the court clerk or Prothonotary, the money shall be transmitted to the State Treasurer, for deposit into the Special Law
Enforcement Assistance Fund directly by the law-enforcement agency which is in possession of the money.
63 Del. Laws, c. 140, § 1; 63 Del. Laws, c. 356, § 1; 67 Del. Laws, c. 260, § 1.;
§ 4113. Disbursement of funds.
(a) The disbursement of funds from this account shall be made by the State Treasurer to a law-enforcement agency only upon
written application by the agency and upon authorization by the Attorney General, the Director of the Office of Management
and Budget and the Controller General on a form designed for such purpose by the Attorney General and the State Treasurer.
Guidelines for appropriate uses of the fund shall be established by the Attorney General with the concurrence of the Director
of the Office of Management and Budget and the Controller General.
(b) This application and authorization form must include the following information:
(1) The amount of funds requested;
(2) The anticipated purpose for which such funds are requested;
(3) The amount of any and all funds received by said agency from the Special Law Enforcement Assistance Fund during the previous
5 fiscal years; and
(4) The name of the agency requesting said funds and the name of the individual in that agency who shall be responsible for
keeping accurate records as to the use of said funds.
(c) The Attorney General shall determine whether or not the expressed purpose for the expenditure requested is included within
those purposes allowed under this subchapter; and further, whether the proposed expenditure of funds for the expressed purpose
will be in the best interests of law enforcement. If the Attorney General determines that the proposed expenditure meets these
criteria, the Attorney General, with the concurrence of the Director of the Office of Management and Budget and the Controller
General, may authorize the expenditure in whole or in part and only then shall the funds be paid to the appropriate law-enforcement
agency.
(d) The methods and procedures established for the application and expenditure of this Fund are not subject to the normal
accounting practices set forth in Chapter 65 of Title 29.
(e) All records, applications, approvals, authorizations and reports required by this subchapter shall be exempt from disclosure
under Chapter 100 of Title 29.
63 Del. Laws, c. 140, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 94, §§ 19, 20; 75 Del. Laws, c. 88, § 21(6).;
§ 4114. Accounting of funds; permissible types of investigative activities.
(a) Funds obtained by law-enforcement agencies pursuant to this subchapter shall be used only for the purposes set out in
subsection (b) of this section. Each agency receiving any such funds during any fiscal year shall render on or before June
30 of each year a full and complete accounting for the use of such funds to the Attorney General, who shall attain such accountings
for inspection by the State Auditor. Any special law-enforcement assistance funds which are in the hands of any agency and
which are not fully expended by the end of the fiscal year must then be returned by the agency to the Fund unless the agency
has requested and has received an authorization in writing for an extension of up to 120 days by the Attorney General.
(b) Funds from the Special Law Enforcement Assistance Fund may be used for the following types of investigative activities:
(1) Payment of informant money;
(2) Payment for the purchase by undercover agents of unlawful substances, such as but not limited to counterfeit or real controlled
substances, pornographic materials, stolen property or other contraband;
(3) Use as gambling front money by undercover agents;
(4) Payment of overtime to Delaware state or local law-enforcement officers or auditors from the Office of Auditor of Accounts
when engaged in special or extraordinary investigations of organized criminal activity.
(5) To provide any service to a witness or potential witness pursuant to Chapter 96 of this title.
63 Del. Laws, c. 140, § 1; 74 Del. Laws, c. 57, § 2.;
§ 4115. Review.
Any agency receiving funds from the Special Law Enforcement Assistance Fund shall, on or before July 15, submit a detailed
and complete accounting of the disbursement for all such funds from the prior fiscal year to the Auditor of Accounts and the
Attorney General. The Auditor and Attorney General shall review said accounting and shall maintain them as confidential files.
The Attorney General shall submit on or before October 1 of each year a confidential report to the Chairperson and Vice-Chairperson
of the Joint Finance Committee summarizing the expenditures from this Fund during the preceding fiscal year.
63 Del. Laws, c. 140, § 1.;
§ 4116. Excess funds.
If at any time the amount of funds segregated in the Special Law Enforcement Assistance Fund exceeds $500,000, the excess
shall be deposited in the General Fund.
63 Del. Laws, c. 140, § 1; 74 Del. Laws, c. 111, § 33.;
CHAPTER 41. FINES, COSTS, PENALTIES AND FORFEITURES
Subchapter II. Special Law Enforcement Assistance Fund
§ 4110. Purpose; created.
The General Assembly hereby declares that in order to provide funds to combat organized crime, especially with respect to
the unlawful trafficking in controlled substances, unlawful gambling activities and unlawful pornographic and prostitution-related
activities, it is necessary to establish a fund for the use of law-enforcement agencies in the State. This special fund is
hereby created and shall be known as the "Special Law Enforcement Assistance Fund."
63 Del. Laws, c. 140, § 1.;
§ 4111. Use [Effective until July 22, 2011]
(a) The use of money from this Special Fund must be for the purposes declared herein as such requires the use of United States
currency in undercover operations or which requires the reimbursement for payment of overtime to investigators working on
organized crime investigations; provided, however, that such overtime may be paid by their agency only to officers of state
and local law-enforcement agencies or to auditors from the Office of Auditor of Accounts.
(b) Funds from the Special Law Enforcement Assistance Fund are authorized to be used for the additional limited purpose of
constructing a Delaware Law Enforcement Memorial consistent with and in furtherance of House Joint Resolution No. 3 of the
145th General Assembly.
(c) The power and authority granted under subsection (b) of this section shall sunset July 22, 2011.
63 Del. Laws, c. 140, § 1; 77 Del. Laws, c. 176, § 1.;
§ 4111. Use [Effective July 22, 2011]
(a) The use of money from this Special Fund must be for the purposes declared herein as such requires the use of United States
currency in undercover operations or which requires the reimbursement for payment of overtime to investigators working on
organized crime investigations; provided, however, that such overtime may be paid by their agency only to officers of state
and local law-enforcement agencies or to auditors from the Office of Auditor of Accounts.
(b), (c) [Repealed.]
63 Del. Laws, c. 140, § 1; 77 Del. Laws, c. 176, § 1.;
§ 4112. Source of funds.
(a) Upon the forfeiture of any money in a criminal case in any court of this State, the same shall be paid over to the Prothonotary
or clerk of the court, as the case may be, who shall collect the same and transmit it to the State Treasurer to be held as
special funds for the purposes referred to in §§ 4110 and 4111 of this title. The Special Law Enforcement Assistance Fund
shall not include fines, court costs or restitution ordered by the court in any criminal case, nor shall it include bail forfeitures.
It shall, however, include any money or the proceeds obtained from the sale or other disposition of any property which is
forfeited to the State by determination of the court that the property was:
(1) Used for criminal purposes; or
(2) Obtained as the fruits of a criminal enterprise.
(b) Upon the signing of any forfeiture order pursuant to this section, the clerk of the court or the Prothonotary in which
the order was signed shall transmit a copy of said order to the State Treasurer. If the forfeited money is not in the possession
of the court clerk or Prothonotary, the money shall be transmitted to the State Treasurer, for deposit into the Special Law
Enforcement Assistance Fund directly by the law-enforcement agency which is in possession of the money.
63 Del. Laws, c. 140, § 1; 63 Del. Laws, c. 356, § 1; 67 Del. Laws, c. 260, § 1.;
§ 4113. Disbursement of funds.
(a) The disbursement of funds from this account shall be made by the State Treasurer to a law-enforcement agency only upon
written application by the agency and upon authorization by the Attorney General, the Director of the Office of Management
and Budget and the Controller General on a form designed for such purpose by the Attorney General and the State Treasurer.
Guidelines for appropriate uses of the fund shall be established by the Attorney General with the concurrence of the Director
of the Office of Management and Budget and the Controller General.
(b) This application and authorization form must include the following information:
(1) The amount of funds requested;
(2) The anticipated purpose for which such funds are requested;
(3) The amount of any and all funds received by said agency from the Special Law Enforcement Assistance Fund during the previous
5 fiscal years; and
(4) The name of the agency requesting said funds and the name of the individual in that agency who shall be responsible for
keeping accurate records as to the use of said funds.
(c) The Attorney General shall determine whether or not the expressed purpose for the expenditure requested is included within
those purposes allowed under this subchapter; and further, whether the proposed expenditure of funds for the expressed purpose
will be in the best interests of law enforcement. If the Attorney General determines that the proposed expenditure meets these
criteria, the Attorney General, with the concurrence of the Director of the Office of Management and Budget and the Controller
General, may authorize the expenditure in whole or in part and only then shall the funds be paid to the appropriate law-enforcement
agency.
(d) The methods and procedures established for the application and expenditure of this Fund are not subject to the normal
accounting practices set forth in Chapter 65 of Title 29.
(e) All records, applications, approvals, authorizations and reports required by this subchapter shall be exempt from disclosure
under Chapter 100 of Title 29.
63 Del. Laws, c. 140, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 94, §§ 19, 20; 75 Del. Laws, c. 88, § 21(6).;
§ 4114. Accounting of funds; permissible types of investigative activities.
(a) Funds obtained by law-enforcement agencies pursuant to this subchapter shall be used only for the purposes set out in
subsection (b) of this section. Each agency receiving any such funds during any fiscal year shall render on or before June
30 of each year a full and complete accounting for the use of such funds to the Attorney General, who shall attain such accountings
for inspection by the State Auditor. Any special law-enforcement assistance funds which are in the hands of any agency and
which are not fully expended by the end of the fiscal year must then be returned by the agency to the Fund unless the agency
has requested and has received an authorization in writing for an extension of up to 120 days by the Attorney General.
(b) Funds from the Special Law Enforcement Assistance Fund may be used for the following types of investigative activities:
(1) Payment of informant money;
(2) Payment for the purchase by undercover agents of unlawful substances, such as but not limited to counterfeit or real controlled
substances, pornographic materials, stolen property or other contraband;
(3) Use as gambling front money by undercover agents;
(4) Payment of overtime to Delaware state or local law-enforcement officers or auditors from the Office of Auditor of Accounts
when engaged in special or extraordinary investigations of organized criminal activity.
(5) To provide any service to a witness or potential witness pursuant to Chapter 96 of this title.
63 Del. Laws, c. 140, § 1; 74 Del. Laws, c. 57, § 2.;
§ 4115. Review.
Any agency receiving funds from the Special Law Enforcement Assistance Fund shall, on or before July 15, submit a detailed
and complete accounting of the disbursement for all such funds from the prior fiscal year to the Auditor of Accounts and the
Attorney General. The Auditor and Attorney General shall review said accounting and shall maintain them as confidential files.
The Attorney General shall submit on or before October 1 of each year a confidential report to the Chairperson and Vice-Chairperson
of the Joint Finance Committee summarizing the expenditures from this Fund during the preceding fiscal year.
63 Del. Laws, c. 140, § 1.;
§ 4116. Excess funds.
If at any time the amount of funds segregated in the Special Law Enforcement Assistance Fund exceeds $500,000, the excess
shall be deposited in the General Fund.
63 Del. Laws, c. 140, § 1; 74 Del. Laws, c. 111, § 33.;
