Section 11372.7 Of Article 4. Miscellaneous Offenses And Provisions From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 4.
11372.7
. (a) Except as otherwise provided in subdivision (b) or
(e), each person who is convicted of a violation of this chapter
shall pay a drug program fee in an amount not to exceed one hundred
fifty dollars ($150) for each separate offense. The court shall
increase the total fine, if necessary, to include this increment,
which shall be in addition to any other penalty prescribed by law.
(b) The court shall determine whether or not the person who is
convicted of a violation of this chapter has the ability to pay a
drug program fee. If the court determines that the person has the
ability to pay, the court may set the amount to be paid and order the
person to pay that sum to the county in a manner that the court
believes is reasonable and compatible with the person's financial
ability. In its determination of whether a person has the ability to
pay, the court shall take into account the amount of any fine imposed
upon that person and any amount that person has been ordered to pay
in restitution. If the court determines that the person does not have
the ability to pay a drug program fee, the person shall not be
required to pay a drug program fee.
(c) The county treasurer shall maintain a drug program fund. For
every drug program fee assessed and collected pursuant to
subdivisions (a) and (b), an amount equal to this assessment shall be
deposited into the fund for every conviction pursuant to this
chapter, in addition to fines, forfeitures, and other moneys which
are transmitted by the courts to the county treasurer pursuant to
Sections 11372.5 and 11502. These deposits shall be made prior to any
transfer pursuant to Section 11502. Amounts deposited in the drug
program fund shall be allocated by the administrator of the county's
drug program to drug abuse programs in the schools and the community,
subject to the approval of the board of supervisors, as follows:
(1) The moneys in the fund shall be allocated through the planning
process established pursuant to Sections 11983, 11983.1, 11983.2,
and 11983.3.
(2) A minimum of 33 percent of the fund shall be allocated to
primary prevention programs in the schools and the community. Primary
prevention programs developed and implemented under this article
shall emphasize cooperation in planning and program implementation
among schools and community drug abuse agencies, and shall
demonstrate coordination through an interagency agreement among
county offices of education, school districts, and the county drug
program administrator. These primary prevention programs may include:
(A) School- and classroom-oriented programs, including, but not
limited to, programs designed to encourage sound decisionmaking, an
awareness of values, an awareness of drugs and their effects,
enhanced self-esteem, social and practical skills that will assist
students toward maturity, enhanced or improved school climate and
relationships among all school personnel and students, and
furtherance of cooperative efforts of school- and community-based
personnel.
(B) School- or community-based nonclassroom alternative programs,
or both, including, but not limited to, positive peer group programs,
programs involving youth and adults in constructive activities
designed as alternatives to drug use, and programs for special target
groups, such as women, ethnic minorities, and other high-risk,
high-need populations.
(C) Family-oriented programs, including, but not limited to,
programs aimed at improving family relationships and involving
parents constructively in the education and nurturing of their
children, as well as in specific activities aimed at preventing drug
abuse.
(d) Moneys deposited into a county drug program fund pursuant to
this section shall supplement, and shall not supplant, any local
funds made available to support the county's drug abuse prevention
and treatment efforts.
(e) This section shall not apply to any person convicted of a
violation of subdivision (b) of Section 11357 of the Health and
Safety Code.