§706-650 - Drug demand reduction assessments; special fund.

[§706-650] Drug demand reduction
assessments; special fund. (1) In addition to any disposition authorized
by chapter 706 or 853, any person who is:

(a) Convicted of an offense under part IV of chapter
712, except sections 712-1250.5 and 712-1257;

(b) Convicted under section 707-702.5;

(d) Convicted under section 291-3.1, 291-3.2,
291-3.3, 291E-61, or 291E-61.5;

(e) Found in violation of part III of chapter 291E;
or

(f) Charged with any offense under paragraphs (a) to
(d) who has been granted a deferred acceptance of guilty or no contest plea;

shall be ordered to pay a monetary assessment under
subsection (2), except as provided under subsection (6).

(2) Monetary assessments for individuals
subject to subsection (1) shall not exceed the following:

(a) $3,000 when the offense is a class A felony;

(b) $2,000 when the offense is a class B felony;

(d) $500 when the offense is a misdemeanor; or

(e) $250 when the person has been found guilty of an
offense under section 712-1249, 291-3.1, 291-3.2, 291-3.3, 291E-61, or has been
found in violation of part III of chapter 291E.

Notwithstanding sections 706-640 and 706-641 and any
other law to the contrary, the assessments provided by this section shall be in
addition to and not in lieu of, and shall not be used to offset or reduce, any
fine authorized or required by law.

(3) There is established a special fund to be
known as the "drug demand reduction assessments special fund" to be
administered by the department of health. The disbursement of money from the
drug demand reduction assessments special fund shall be used to supplement
substance abuse treatment and other substance abuse demand reduction programs.

(4) All monetary assessments paid and interest
accrued on funds collected pursuant to this section shall be deposited into the
drug demand reduction assessments special fund.

(5) Restitution to the victim of a crime enumerated
in subsection (1) shall be made, and probation fees and crime victim
compensation fees imposed under part III of chapter 706 shall be paid, before
payment of the monetary assessment.

(6) If the court determines that the person
has the ability to pay the monetary assessment and is eligible for probation or
will not be sentenced to incarceration, unless otherwise required by law, the
court may order the person to undergo a substance abuse treatment program at
the person's expense. If the person undergoes a substance abuse treatment
program at the person's expense, the court may waive or reduce the amount of
the monetary assessment. Upon a showing by the person that the person lacks the
financial ability to pay all or part of the monetary assessment, the court may
waive or reduce the amount of the monetary assessment. [L 1995, c 205, §§1, 4;
am L 1996, c 7, §1; am L 1998, c 152, §3; am L 2001, c 116, §1; am L 2004, c
152, §1]

Note

Transfer of certain interest earnings to general fund until
June 30, 2015. L 2009, c 79, §30(a)(40).

COMMENTARY ON §706-650

Act 152, Session Laws 2004, made permanent the drug demand
reduction assessments enacted in Act 205, Session Laws 1995, and also, among
other things, expanded the number of offenses for which the monetary
assessments will be imposed; made the monetary assessments mandatory; specified
that, in addition to restitution to the victim, probation and crime victim
compensation fees shall also be paid before payment of the assessment; gave the
court the discretion to order the offender to undergo substance abuse treatment
at the offender's expense if the court determines that the offender is eligible
for probation or will not be sentenced to prison; and provided that the court
may waive or reduce the amount of the assessment if the offender undergoes
treatment at the offender's expense or upon a showing that the offender lacks
the financial ability to pay all or part of the assessment. House Standing
Committee Report No. 1245-04.