2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 22 - DRUG COURT TREATMENT ACT OF 2003 (§§ 16-22-101 — 16-22-114) › Section 16-22-109 - Collection and assessment of fees

(a)
The clerks of all courts of general sessions, circuit and criminal courts and municipal courts exercising the jurisdiction of courts of general sessions shall collect the sum of seventy-five dollars ($75.00), or in counties establishing or operating a veterans treatment court in accordance with §
16-6-104
, one hundred thirty dollars ($130), from any person who:
(1)
Enters a plea of guilty;
(2)
Enters a plea of nolo contendere;
(3)
Is adjudicated at trial;
(4)
Enters a plea pursuant to any of the diversionary sentencing statutes to any criminal offense described in subsection (b), for attempt or conspiracy to commit any such offense or for aiding, abetting or acting in the capacity of an accessory in the commission of any such offense; or
(5)
Is found in violation of the terms and conditions of a suspended sentence imposed for any criminal offense described in subsection (b).
(b)
The fee established in subsection (a) applies to any offense under the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4.
(c)
The clerks of all courts of general sessions, circuit and criminal courts and municipal courts exercising the jurisdiction of courts of general sessions shall collect the sum of seventy-five dollars ($75.00), or in counties establishing or operating a veterans treatment court in accordance with §
16-6-104
, one hundred thirty dollars ($130), from any person who is found in violation of the terms and conditions of a suspended sentence imposed for any criminal conviction in which the violation is premised upon a positive drug screen.
(d)
Except as provided in subsection (e), this assessment shall be subject to §
8-21-401
and shall be in addition to all other taxes, costs and fines. The first five dollars ($5.00) of each such assessment shall be paid to the clerks of the court imposing assessment, who shall transfer it to the state treasurer, who shall credit it to the general fund and earmark it for use by the department of finance and administration, office of criminal justice programs, for funding drug court treatment program administration and funding such grant awards as are made by the department of finance and administration, office of criminal justice programs. The remainder of the assessments shall be deposited by the clerk of the collecting court into a dedicated county fund. The fund shall not revert to the county general fund at the end of the fiscal year, but shall remain for the purposes set out in this section. The money shall be used by the county exclusively for the creation and maintenance of state drug court treatment programs as defined in §
16-22-104
. In the event no drug court treatment program operates in a county, the remainder of the funds from that county shall be remitted annually in full to the state of Tennessee to be placed in the drug court treatment program resources fund to be administered by the department of finance and administration, office of the criminal justice programs, in accordance with §
16-22-110
. The comptroller's regular audit of a local government shall also include the dedicated county fund established by this section.
(e)
For counties establishing or operating a veterans treatment court program in accordance with §
16-6-104
:
(1)
This assessment shall be subject to §
8-21-401
and shall be in addition to all other taxes, costs, and fines;
(2)
The first ten dollars ($10.00) of each such assessment shall be paid to the clerks of the court imposing the assessment, who shall transfer it to the state treasurer, who shall credit it to the general fund and earmark it for use by the department of mental health and substance abuse services for funding drug court treatment program and veterans treatment court program administration;
(3)
The revenue generated by seventy dollars ($70.00) of each such assessment shall be deposited by the clerk of the collecting court into a dedicated county fund and used by the county exclusively for the creation and maintenance of state drug court treatment programs as defined in §
16-22-104
; provided, that this fund shall not revert to the county general fund at the end of the fiscal year, but shall remain for the purposes set out in this subdivision (e)(3). In the event no drug court treatment program operates in a county, the remainder of the funds from that county shall be remitted annually in full to the state to be placed in the drug court treatment program resources fund to be administered by the department of mental health and substance abuse services, in accordance with §
16-22-110
;
(4)
The remaining fifty dollars ($50.00) of each such assessment shall be deposited by the clerk of the collecting court into a dedicated county fund and used by the county exclusively for the operation and maintenance of veterans treatment court programs in the county; provided, that this fund shall not revert to the county general fund at the end of the fiscal year, but shall remain for the purposes set out in this subdivision (e)(4). In the event no veterans treatment court program operates in a county, the remainder of the funds from that county shall be remitted annually in full to the state, deposited in a separate account in the general fund, and designated for the exclusive use of the department of mental health and substance abuse services to assist existing veterans treatment court programs and to create and establish veterans treatment court programs in areas of this state that have a significant veteran population involved in the criminal justice system. The department is not required to distribute money to any county that operates or establishes a veterans treatment court program that does not operate according to the ten (10) key components or, for which program, the judge or other court professionals have not completed nationally recognized training and state certification as established by the department;
(5)
The comptroller's regular audit of a local government shall also include the dedicated county funds established by this section; and
(6)
As used in this subsection (e), "veterans treatment court program" has the same meaning as defined in §
16-6-101
.
(f)
The funds collected from this assessment are dedicated to the administration and operation of drug court treatment programs created by courts exercising criminal jurisdiction.
Amended by 2015 Tenn. Acts, ch. 453, s 10, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 453, s 9, eff. 7/1/2015.
Acts 2003 , ch. 335, § 1; 2005, ch. 429, §2; 2007 , ch. 375, §§ 4-6.