1993 AGN FEB 02 I09 - Laserfiche WebLink

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SUBJECT: Distribution and Expenditure of Drug Related Asset - Seizure Funds In 1989, the legislature enacted Section 11489 of the Health and Safety Code, Distribution of Funds of Forfeiture and Seizure, which allows for the forfeiture and transfer to local law enforcement agencies of assets (money and property) seized from drug related criminal activities. After seizure, such assets are distributed to all of the'agencies involved in the arrest and capture, to the prosecuting attorney's office, and to the Office of Criminal Justice. In the case of seized property, the arresting agency must either sell the property and distribute funds to other involved agencies, or if it wishes to keep the property, it must "buy" the property from other involved'agencies. Assets are released directly to the law enforcement agency and not to the city or county government involved. In July, 1990, the Federal Attorney General's office released specific guidelines to govern the actual transfer and subsequent local expenditure of assets seized in conjunction with federal agencies. AS council is awar6,/Colton participates in a federal task force - Drug Enforcement Administration (DEA) - and a significant percentage of our asset seizures are funnelled through this task force. Section 11489(d) of the State Health and Safety Code provides that asset seizure monies and property must be used "exclusively to support,the law enforcement and prosecutorial efforts" of the local Agency. The statute is very clear that any use other than law enforcement is prohibited. This section further.states that the proceeds distributed "shall not supplant any state or local funds that would (otherwise) be made available" to the local agency. This second limitation is an expression of the legislative intent that forfeiture proceeds must -enhance law enforcement efforts and not replace existing dollars allocated to the law enforcement agency. Asset seizure property and money must be used for new police department staff or equipment and may not be used to replace general fund dollars which were or would be allocated to the department for an established level of staff or equipment. The Attorney General's regulations further clarify the state law's requirement that asset seizure funds may be used only for law enforcement purposes. These regulations also require the local agency to file an application for all federal funds prior to each distribution. On this Application, the police department must indicate the purpose for which funds will be expended. The County District Attorney's Office has recommended that local agencies follow this proceduretor all asset seizure funds. 1