using CNIDR Isearch-cgi 1.20.06 (File: 63-2-503.2.html)
§63-2-503.2.
A. Every person convicted of a violation of the Uniform
Controlled Dangerous Substances Act, Section 2-101 et seq. of this
title, or the Trafficking In Illegal Drugs Act, Section 2-414 et seq.
of this title, shall be assessed for each offense a sum of not less
than One Hundred Dollars ($100.00) nor more than Three Thousand
Dollars ($3,000.00). The assessment shall be mandatory and in
addition to and not in lieu of any fines, restitution costs, other
assessments, or forfeitures authorized or required by law for the
offense. The assessment required by this section shall not be
subject to any order of suspension. The court shall order either a
lump sum payment or establish a payment schedule. Failure of the
offender to comply with the payment schedule shall be considered
contempt of court. For purposes of collection, the assessment order
shall not expire until paid in full, nor shall the assessment order
be limited by the term of imprisonment prescribed by law for the
offense, nor by any term of imprisonment imposed against the
offender, whether suspended or actually served.
B. The assessment provided for in subsection A of this section
shall be collected by the court clerk as provided for collection of
fines and costs. When assessment payments are collected by the court
clerk pursuant to court order, the funds shall be forwarded to the
State Treasurer for deposit to the Department of Mental Health and
Substance Abuse Services' Drug Abuse Education and Treatment
Revolving Fund. The court clerk shall be authorized to retain two
percent (2%) of any user fees collected pursuant to the Oklahoma Drug
Court Act and deposit such amount in the Court Clerk's Revolving Fund
pursuant to the provisions of Section 220 of Title 19 of the Oklahoma
Statutes.
C. There is hereby created in the State Treasury a revolving
fund for the Department of Mental Health and Substance Abuse Services
to be designated the "Drug Abuse Education and Treatment Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of assessments collected pursuant
to this section, grants, gifts and other money accruing to the
benefit of said fund and the Oklahoma Drug Court Act. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Department of Mental Health and
Substance Abuse Services for treatment and drug testing of indigent
substance abusing offenders pursuant to the Oklahoma Drug Court Act
and for substance abuse prevention and education. Expenditures from
said fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of State
Finance for approval and payment. Monies expended from this fund
shall not supplant other local, state, or federal funds.
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