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Model Legislation

Public Safety and Elections

Mandatory Demand Reduction Assessment Act

Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

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

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

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

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