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State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Delaware 11 Del. C. § 9014(a) Recovery from the Criminal

Whenever any person is convicted of an offense and a payment of compensation is, or has been, made under this chapter for a personal injury or death resulting from the

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act constituting such offense, the State may institute an action against such person for the recovery of the whole or any specified part of the compensation in any Superior Court within the State, or in any other court, either state or federal, if such court has custody or control of funds of the criminal or which may be awarded to the criminal. Any amounts recovered under this section shall be deposited to the fund which finances the administration of this chapter.

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Delaware 11 Del. C. § 4101(d) Payment of Fines, Costs and Restitution Upon Conviction

In addition to, and at the same time as, any fine, penalty or forfeiture is assessed to any criminal defendant or any child adjudicated delinquent, there shall be levied an

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additional penalty of $1.00 imposed and collected by the courts for crimes or offenses as defined in § 233 of this title. When a fine, penalty or forfeiture is suspended, in whole or in part, the penalty assessment shall not be suspended. (1) Upon collection of the penalty assessment, the same shall be paid over to the prothonotary or clerk of courts, as the case may be, who shall collect the same and transmit it to the State Treasury to be deposited in a separate account for the administration of this subsection, which account shall be designated the Videophone Fund, which is hereby created. This fund is to be administered by the Criminal Justice Council. Funds shall be utilized to cover line charges, maintenance costs and purchase and upgrade of videophone systems used by state and local agencies in the criminal justice system.(2) For each fiscal year, if the balance in the Videophone Fund exceeds $ 250,000, said funds shall be transferred to the General Fund of the State of Delaware on June 30. The Criminal Justice Council shall submit a detailed spending plan for the use of the videophone funds to the Director of the Office of Management and Budget and Controller General no later than September 30 of each fiscal year. No funds shall be expended until the plan is approved by the Director of the Office of Management and Budget and the Controller General.

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Delaware 11 Del. C. § 9016(b) Penalty Assessment

Upon collection of the penalty assessment, the same shall be paid over to the prothonotary or clerk of court as the case may be, who shall collect the same and

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transmit it to the State Treasury to be deposited in a separate account for the administration of this chapter, which account shall be designated the “Victim 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 shall be deposited in the General Fund.

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Victim's Compensation Fund

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Delaware Del. J. P. Ct. Crim. R. 58(b);(c) Fees and Costs; Deposit of Funds

(b) Deposit of funds. -- All funds received for criminal and traffic fines, fees and costs shall be deposited by the next banking day to the account of the General

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Fund of the State of Delaware. The clerk shall keep an accurate and complete record of all funds received and deposited. (c) Court Security Fund assessment. -- In addition to any other amounts assessed as fees or costs by any other statute, rule, or law, the clerk shall collect from the defendant, on each traffic or criminal charge for which there is a conviction, or a finding or an admission of responsibility for an infraction for which a civil penalty may be assessed, an amount equal to $ 10.00 as an assessment for the Court Security Fund established by 10 Del. C. § 8505(b). The amounts collected under this paragraph shall be deposited into a separate account known as the Court Security Assessment Fund.

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Court Security Fund.

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Delaware 11 Del. C. § 5915(a) Fines, Costs and Restitution; Collection and Disposition

All fines, costs, restitution, penalties, charges and emoluments imposed or levied by the Justice of the Peace Court, including those costs now levied for constables, shall be for such amounts

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as are provided by law, and all such amounts imposed or levied shall be collected by the Justice of the Peace Court imposing the same for which a proper receipt shall be given to the person paying the same. Every and all amounts so collected shall be recorded showing the purpose for which the amounts were collected, the name of the person paying same and such other information as the Justice of the Peace Court may require. The information so maintained shall be open to inspection by the State Treasurer and the State Auditor or their authorized agents at all times. All fines and penalties collected for each calendar month shall be paid over by the Justice of the Peace Court to the State Treasurer within 15 days after the first day of the succeeding calendar month, provided that any such fines or forfeitures which, by the laws of this State, are due and payable to a county or municipality thereof shall be paid by the Justice of the Peace Court to the county or municipality entitled thereto.

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County or Municipality.

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Delaware 11 Del. C. § 5915(b) Fines, Costs and Restitution; Collection and Disposition

All fines collected for the violation of any of this title, in the limits of any county, incorporated city or town in this State where arrests are procured by the

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authorized representatives of that county, incorporated city or town, shall be paid to that county, incorporated city or town within which such offense was committed for the use of that county, incorporated city or town. Nothing in this subsection shall be construed to entitle any county to fines, penalties or forfeitures arising from an arrest made under this title by an authorized representative of that county for a violation committed within any incorporated city or town. All the fines, penalties and forfeitures imposed and collected in any county of this State for violation of any of the laws of this title, where the arrests are procured by the authorized representatives of the Department of Safety and Homeland Security, shall inure and be paid to the State Treasurer for the General Fund. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the Department of Safety and Homeland Security. All costs collected for the violation of any of this title shall be paid to the jurisdiction whose court imposed said costs.

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Department of Safety and Homeland Security.

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Delaware Del. J. P. Ct. Crim. R. 58(b) Fees and Costs; Deposit of Funds

All funds received for criminal and traffic fines, fees and costs shall be deposited by the next banking day to the account of the General Fund of the State of

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Delaware. The clerk shall keep an accurate and complete record of all funds received and deposited.

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