The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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Donations

Reference Number: MTAS-343
Tennessee Code Annotated
Reviewed Date: May 09, 2016
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Funds can be donated to the Drug Fund from civic organizations, or a defendant may be ordered to donate funds to the Drug Fund in addition to paying the statutory minimum fine for a drug offense.

A defendant cannot be ordered or allowed to donate money to the Drug Fund without paying at least the minimum fine for the offense. In the past, some defendants were ordered, as a result of a plea bargain, to make a donation to the Drug Fund and pay something less than the minimum fine.  In effect this circumvented the requirement to divide fine revenues between the General Fund and the Drug Fund. This action is improper. Op. Tenn. Atty. Gen., 2003.

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