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1993 AGN FEB 02 I09
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1993 February 02 Agenda Packet
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1993 AGN FEB 02 I09
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SUBJECT: Distribution and Expenditure of Drug Related Asset <br />Seizure Funds <br />The state legislation has a "sunset clause" and must be reenacted <br />December 31, 1993 or it will expire and asset seizures will revert to <br />the state. It is expected that the legislature will review <br />expenditures at that time and will base its decision to continue <br />local asset forfeiture on whether or not funds have been used <br />productively by local agencies. <br />Since 1991, the Colton Police Department has received approximately <br />—A278,780 in asset seizure funds. The specific amount has varied <br />dramatically from year to year and it is difficult to estimate or <br />budget future amounts. Monies have been spent for equipment and <br />training within the department, as needed. A specific process which <br />requires review and approval of the City Manager prior to the <br />expenditure of any asset seizure money was adopted in 1989. A copy <br />of this procedure was transmitted to the Council, at that time, for <br />review. The City has also sought assistance from the County <br />District Attorney's office I on a number of occasions to assure that <br />the City adhered to the requirements of the law. A list of <br />significant expenditures is attached for your information. <br />The current balance -in the asset seizure account is $187,500. It is <br />not anticipated that we will receive significant asset seizure funds <br />during the current year for which we have not already filed <br />applications with the Department of Justice. <br />The,police department welcomes the Councilfs involvement in the <br />expenditure of asset seizure monies. We would suggest that.the <br />department and the Council establish a,"wish list" for the <br />expenditure of future funds - beginning in Fiscal Year 1993-94. <br />Since the amount of asset seizure money the City might receive in any <br />single year is uncertain, we would not propose to have this list <br />included in the actual budget; such an inclusion might throw the <br />budget out of balance if significantly fewer or greater funds than <br />are anticipated are actually received. It is also recommended that <br />money not be earmarked.for salaries since its instability may leave <br />the City with staif:which must be absorbed by the General Fund. <br />We would propose to have the Council adopt the "wish list" as a <br />separate document and to authorize the City Manager toexpend monies <br />on these items as they are received. A progress report which <br />summarizes funds received and expenditures to date could be provided <br />to the Council during the mid -year and annual budget processes. <br />I hope this information is helpful to you. I would be happy to <br />discuss the items mentioned in this report further with you, <br />individually, or as a group. <br />K <br />
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