Delaware Code Title 11 Sec. 9016 – Penalty assessment
(a) In addition to, and at the same time as, any fine is assessed to any criminal defendant or any child adjudicated delinquent, there must be levied an additional penalty of 18% of every fine, penalty, and forfeiture imposed and collected by the courts for crimes or offenses as defined in § 233 of this title, or $10 per offense of conviction, whichever is greater. Where multiple offenses are involved, the penalty assessment must be based on the total fine for all offenses. When a fine, penalty, or forfeiture is suspended, in whole or in part, the penalty assessment must not be suspended; provided, however, that if the penalty assessment herein imposed remains uncollected for a period in excess of 3 years, the courts may expunge the record of the assessment.
Terms Used In Delaware Code Title 11 Sec. 9016
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) Upon collection of the penalty assessment, the penalty assessment must be paid over to the prothonotary or clerk of court, as the case may be, who shall collect the penalty assessment and transmit it to the State Treasury to be deposited in a separate account for the administration of this chapter, which account must be designated the “Victims’ Compensation Fund,” which is hereby created. Beginning with the fiscal year ending June 30, 2002, the unencumbered balances on June 30 of each fiscal year in excess of $6,000,000 must be deposited in the General Fund.
59 Del. Laws, c. 519, § ?1; 60 Del. Laws, c. 436, § ?9; 63 Del. Laws, c. 227, § ?1; 67 Del. Laws, c. 71, § ?2; 67 Del. Laws, c. 260, § ?1; 68 Del. Laws, c. 213, § ?2; 68 Del. Laws, c. 223, § ?1; 73 Del. Laws, c. 312, § ?36; 77 Del. Laws, c. 193, § ?1; 79 Del. Laws, c. 125, § ?3; 83 Del. Laws, c. 247, § 12;