Mandatory Demand Reduction Assessment Act Exposed

The Mandatory Demand Reduction Assessment Act is listed under ALEC's Public Safety and Elections Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This Act would require all those convicted of drug offenses to pay an assessment of a minimum of $1,000 for first offenders and a minimum of $2,000 for repeat offenders in addition to any fine imposed by law. Those who enroll in a treatment program would have their assessment reduced by an amount equal to the cost of the program. The revenue generated from this assessment would be placed in a fund that would be dedicated to prevention, education, and treatment programs.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Title.}

This Act shall be known and may be cited as the Mandatory Demand Reduction Assessment Act.

Section 2. {Mandatory fines.}

(A) In addition to any disposition authorized by [cite state controlled substance act], or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, every person convicted of, or adjudicated delinquent for, a violation of any offense defined in [cite state controlled substance act] shall be assessed for each such offense a penalty fixed at not less than $1,000 for first offenders and $2,000 for second and subsequent offenders.

(B) All penalties provided for in this Act shall be in addition to and not in lieu of any fine authorized by law or required to be imposed pursuant to the provisions of [cite state controlled substance act], and nothing in this Act shall be deemed to affect or suspend any other criminal sanctions imposed pursuant to [cite state controlled substance act].

Section 3. {Collection.}

All penalties provided for in this Act shall be collected as provided for collection of fines and restitutions in [cite appropriate state law].

Section 4. {Distribution of funds.}

All moneys collected pursuant to this section shall be forwarded to the [cite appropriate department] to be deposited in a revolving fund to be known as the "Drug Demand Reduction Fund," which shall be distributed by the [cite appropriate agency] for drug education, prevention, and treatment purposes.

Section 5. {Suspension of payment.}

(A) The court may suspend the collection of a penalty imposed pursuant to this Act provided the defendant agrees to enter a residential drug rehabilitation program approved by the court and further provided that the defendant agrees to pay for all or some portion of the costs associated with the rehabilitation program. In this case, the collection of a penalty imposed pursuant to this section shall be suspended during the defendant's participation in the approved rehabilitation program.

(B) Upon successful completion of the program, the defendant may apply to the court to reduce the penalty imposed pursuant to this Act by any amount actually paid by the defendant for his participation in the program. The court shall not reduce the penalty pursuant to this section unless the defendant establishes to the satisfaction of the court that he has successfully completed the rehabilitation program.

(C) If the defendant's participation is for any reason terminated before his successful completion of the rehabilitation program, collection of the entire penalty imposed pursuant to this section shall be enforced.

Section 6. {Severability clause.}

Section 7. {Repealer clause.}

Section 8. {Effective date.}

ALEC's Sourcebook of American State Legislation 1995