(a) In addition to and at the same time as any fine is assessed to any criminal defendant, or juvenile adjudicated delinquent for any violations of §§ 4751-4758, 4761 or 4771-4774 of this title or § 4177 of Title 21, there shall be levied an additional penalty, in addition to the penalty assessment as provided in § 9016 of Title 11, of 15% of every fine, penalty and forfeiture imposed and collected by the courts for such criminal offenses. When a fine, penalty or forfeiture is suspended in whole or in part, the penalty assessment shall not be suspended.

Terms Used In Delaware Code Title 16 Sec. 4802A

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 6 Sec. 4307

(b) Upon collection of the penalty assessment, the same shall be paid over to the agency, Prothonotary or clerk of the court as the case may be, who shall collect it and transmit it to the State Treasurer to be deposited in a separate account designated “Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund.”

67 Del. Laws, c. 210, § 1; 68 Del. Laws, c. 443, §§ 4, 5; 69 Del. Laws, c. 131, § 1.;