State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-96_01

§ 90‑96.01.  Drugeducation schools; responsibilities of the Department of Health and HumanServices; fees.

(a)        The Commission for Mental Health, DevelopmentalDisabilities, and Substance Abuse Services shall establish standards andguidelines for the curriculum and operation of local drug education programs.The Department of Health and Human Services shall oversee the development of astatewide system of schools and shall insure that schools are available in alllocalities of the State as soon as is practicable.

(1)        A fee of one hundred fifty dollars ($150.00) shall be paidby all persons enrolling in an accredited drug education school establishedpursuant to this section. That fee must be paid to an official designated forthat purpose and at a time and place specified by the area mental health,developmental disabilities, and substance abuse authority providing the courseof instruction in which the person is enrolled. If the clerk of court in thecounty in which the person is convicted agrees to collect the fees, the clerkshall collect all fees for persons convicted in that county. The clerk shallpay the fees collected to the area mental health, developmental disabilities,and substance abuse authority for the catchment area where the clerk is locatedregardless of the location where the defendant attends the drug educationschool and that authority shall distribute the funds in accordance with therules and regulations of the Department. The fee must be paid in full withintwo weeks of the date the person is convicted and before he attends anyclasses, unless the court, upon a showing of reasonable hardship, allows theperson additional time to pay the fee or allows him to begin the course ofinstruction without paying the fee. If the person enrolling in the schooldemonstrates to the satisfaction of the court that ordered him to enroll in theschool that he is unable to pay and his inability to pay is not willful, thecourt may excuse him from paying the fee. Parents or guardians of personsattending drug education school shall be allowed to audit the drug educationschool along with their children or wards at no extra expense.

(2)        The Department of Health and Human Services shall have theauthority to approve programs to be implemented by area mental health,developmental disabilities, and substance abuse authorities. Area mentalhealth, developmental disabilities, and substance abuse authorities maysubcontract for the delivery of drug education program services. The Departmentshall have the authority to approve budgets and contracts with public andprivate governmental and nongovernmental bodies for the operation of suchschools.

(3)        Fees collected under this section and retained by the areamental health, developmental disabilities, and substance abuse authority shallbe placed in a nonreverting fund. That fund must be used, as necessary, for theoperation, evaluation and administration of the drug educational schools;excess funds may only be used to fund other drug or alcohol programs. The areamental health, developmental disabilities, and substance abuse authority shallremit five percent (5%) of each fee collected to the Department of Health andHuman Services on a monthly basis. Fees received by the Department as requiredby this section may only be used in supporting, evaluating, and administeringdrug education schools, and any excess funds will revert to the General Fund.

(4)        All fees collected by any area mental health, developmentaldisabilities, and substance abuse authority under the authority of this sectionmay not be used in any manner to match other State funds or be included in anycomputation for State formula‑funded allocations.

(b)        Willful failure to pay the fee is one ground for a findingthat a person placed on probation or who may make application for expunction ofall recordation of his arrest or conviction has not successfully completed thecourse. If the court determines the person is unable to pay, he shall not bedeemed guilty of a willful failure to pay the fee. (1981, c. 922, s. 8; 1991, c. 636, s. 19(b), (c);1993, c. 395, s. 1; 1997‑443, s. 11A.118(a).)