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(720 ILCS 550/10.2)
(from Ch. 56 1/2, par. 710.2)
(a) Twelve and one-half percent of all amounts collected
as fines pursuant to the provisions of this Act shall be paid into the
Youth Drug Abuse Prevention Fund, which is hereby created in the State
treasury, to be used by the Department of Human Services
for the funding of programs and services for drug-abuse treatment, and
prevention and education services, for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of all fines received
under the provisions of this Act shall be transmitted to and deposited in
the treasurer's office at the level of government as follows:
(1) If such seizure was made by a combination of law
enforcement personnel representing differing units of local government, the court levying the fine shall equitably allocate 50% of the fine among these units of local government and shall allocate 37 1/2% to the county general corporate fund. In the event that the seizure was made by law enforcement personnel representing a unit of local government from a municipality where the number of inhabitants exceeds 2 million in population, the court levying the fine shall allocate 87 1/2% of the fine to that unit of local government. If the seizure was made by a combination of law enforcement personnel representing differing units of local government, and at least one of those units represents a municipality where the number of inhabitants exceeds 2 million in population, the court shall equitably allocate 87 1/2% of the proceeds of the fines received among the differing units of local government.
(2) If such seizure was made by State law enforcement
personnel, then the court shall allocate 37 1/2% to the State treasury and 50% to the county general corporate fund.
(3) If a State law enforcement agency in combination
with a law enforcement agency or agencies of a unit or units of local government conducted the seizure, the court shall equitably allocate 37 1/2% of the fines to or among the law enforcement agency or agencies of the unit or units of local government which conducted the seizure and shall allocate 50% to the county general corporate fund.
(c) The proceeds of all fines allocated to the law enforcement agency or
agencies of the unit or units of local government pursuant to subsection
(b) shall be made available to that law enforcement agency as expendable
receipts for use in the enforcement of laws regulating controlled
substances and cannabis. The proceeds of fines awarded to the State
treasury shall be deposited in a special fund known as the Drug Traffic
Prevention Fund, except that amounts distributed to the Secretary of State
shall be deposited into the Secretary of State Evidence Fund to be used as
provided in Section 2-115 of the Illinois Vehicle Code.
Monies from this fund may be used by the Department of
State Police for use in the enforcement of laws regulating controlled
substances and cannabis; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; to defray costs and expenses
associated with returning violators of this Act, the Illinois Controlled
Substances Act, and the Methamphetamine Control and Community Protection Act only, as provided in such Acts, when punishment of the crime
shall be confinement of the criminal in the penitentiary; and all other
monies shall be paid into the general revenue fund in the State treasury.
(Source: P.A. 94-556, eff. 9-11-05.)