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§63-2-503.2.
§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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