City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00987 May 17, 2022 Discussion Item 17
Title: Fiscal Year (FY) 2022/23 Asset Forfeiture Master Plan
Location: Citywide
Recommendation: Adopt a Resolution authorizing the City Manager, or the City Manager’s designee to: 1) implement the FY2022/23 Asset Forfeiture Master Plan; 2) adjust the revenue and expense budgets in the Asset Forfeiture EFP projects (E11008000, E11008100, E11008200, and E11008300) by $720,490; and 3) adjust the allocations proposed in the FY2022/23 Asset Forfeiture Master Plan based on the operational requirements of the Sacramento Police Department.
Contact: Katherine Lester, Chief of Police, (916) 808-0800, [email protected] ;
Natalie Weaver, Administrative Officer, (916) 808-0864, [email protected], Police Department
Presenter: Katherine Lester, Chief of Police, (916) 808-0800, [email protected]
; Police Department
Attachments:
1-Description/Analysis
2-Resolution 2021-0199: Asset Forfeiture Policy
3-Draft Resolution – FY2021/22 Asset Forfeiture Master Plan 4-Exhibit A – FY2022/23 Asset Forfeiture Master Plan
Description/Analysis
Issue Detail: This report recommends that Council adopt the attached Resolution authorizing the implementation of the Fiscal Year (FY) 2022/23 Asset Forfeiture Master Plan (Attachments 3 and 4). The proposed FY2022/23 Master Plan allocations are consistent with the permissible uses outlined in current policy established in Resolution No. 2021-0199 (Attachment 2).
The Sacramento Police Department (SPD) receives a portion of proceeds from seized and forfeited assets pursuant to the Federal Comprehensive Crime Control Act of 1984, the California Uniform Controlled Substances Act, codified at Health and Safety Code Sections 11469 through 11495 (HS §§ 11469 – 11495), and joint agreements with government agencies. The revenues are deposited into multiple Externally Funded Program (EFP) projects. Distribution among the EFP projects is determined by the agency that secured the forfeitures and applicable Federal and State legislation. The administration, budgeting, and expenditure of asset forfeiture funding is governed by the United States Departments of Justice’s and Treasury’s Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies and HS §§ 11469 – 11495.
Policy Considerations: On June 15, 2021, the City Council approved Resolution 2021-0199 establishing policy for Asset Forfeiture appropriations and expenditures.
Recommendations contained in this report are in accordance with 1) Resolution No. 2021- 0198, Section 12.3, which requires Council approval to adjust EFP revenue and expenditure budgets in excess of $250,000.; and 2) Resolution 2021-0199, which requires SPD to present its Annual Asset Forfeiture Master Plan to the Council.
Economic Impacts: Not applicable.
Environmental Considerations:
California Environmental Quality Act (CEQA): No environmental review is necessary because the recommendations in this report are of an administrative nature and are not considered to be a “project” as defined in the CEQA Guidelines, codified at Title 14, Section 15378 of the California Code of Regulations and Section 21065 of the California Public Resources Code.
Sustainability: Not applicable.
Rationale for Recommendation: The intent of Federal and State Asset Forfeiture programs is to provide law enforcement with a mechanism to permanently deprive criminals from accessing assets and proceeds generated by illegal activities and to support law enforcement needs through legal and equitable acquisition and distribution of said assets. By participating in these programs, the SPD receives funding to support a) operations and investigations; b) training/education, travel, and per diem; c) law enforcement and public safety facilities; d) equipment; e) drug, gang, and other prevention/awareness programs; and f) support of community-based organizations. Both Federal and State programs stipulate that forfeiture funds must be used for law enforcement purposes only and cannot replace or otherwise supplant existing resources.
Financial Considerations: Since adoption of the Fiscal Year (FY) 2021/22 Asset Forfeiture Expenditure Master Plan (Resolution No. 2021-0200), the SPD has received $720,490 in asset forfeiture revenues and interest earnings. The SPD proposes the following appropriations:
The SPD proposes the following funding allocations:
Allocation Category
Allocation
Amount
Law Enforcement Operations and Investigations 250,655
Law Enforcement Training/Education, Travel, and Per Diem 15,132 Law Enforcement & Public Safety Facilities 60,141
Law Enforcement Equipment 258,555
Drug, Gang and Other Prevention/Awareness Programs 28,809 Support for Community-Based Organizations State1 107,198 Federal2 -
Total $720,490
1) Administrative requirement per HS § 11489(b)(2)(A):
a. Fifteen percent of the distributed pursuant to this subparagraph shall be deposited in a special fund maintained by the county, city, or city and county of any agency making the seizure seeking an order for forfeiture. This fund shall be used for the sole purpose of funding programs designed to combat drug abuse and divert gang activity, and shall wherever possible involve educators, parents, community-based organizations and local businesses, and uniformed law enforcement officers. Those programs that have been evaluated as successful shall be given priority. These funds shall not be used to supplant [replace] any state or local funds that would, in the absence of this clause, otherwise be made available to the programs. b. The actual distribution of these funds set aside pursuant to clause (i) is to be determined by a panel consisting of the sheriff of the county, a police chief selected by the other police chiefs in the county, and district attorney and the chief probation officer of the county.
2) There were no new US Department of Justice resources received since the adoption of the FY2021/22 Asset Forfeiture Master Plan.
Further details on each of the proposed allocations are included in the Master Plan (Attachment 4).
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2021-0199
Adopted by the Sacramento City Council
June 15, 2021
Rescinding Resolution 2014-0175 and Updating Policy for Asset Forfeiture Appropriations
BACKGROUND
1. On June 10, 2014, the City Council adopted the Asset Forfeiture Master Plan Policy (Resolution 2014-0175), which established guidelines for Asset Forfeiture appropriations and expenditures. A revised policy is recommended to remain concurrent with federal guidance and state law.
2. This updated policy reflects changes contained in the July 2018 Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies, jointly issued by the US Departments of Justice and Treasury.
3. This updated policy reflects changes contained in Senate Bill 443 (2015-2016), which establishes limits for state and local government participation in state asset forfeiture and federal equitable sharing programs.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. Resoluti on 2014-0175 is rescinded.
Section 2. The following policy is established fo r the use of asset forfeiture and equitable sharing funds:
A) On an annual basis, the SPD will present an Asset Forfeiture Master Plan to the City Council for approval. The Asset Forfeiture Master Plan must be approved by City Council prior to the appropriation, obligation, and expenditure of asset forfeiture funds.
B) Asset forfeiture and equitable shar ing appropriations and expenditures shall not be used for any purpose that would constitute an illegal or improper use of funds or property under the laws, rules, regulations and orders of the State of California and City of Sacramento.
Resolution 2021-0199 June 15, 2021 Pa
ge 1 of 5
C) Asset forfeiture and equitable shari ng appropriations shall only be used by eligible law enforcement agencies and exclusively for law enforcement purposes, in a manner consistent with applicable federal, state, and local laws, rules, regulations, orders, and guidance.
D) Asset forfeiture and equitable shar ing appropriations and expenditures shall not be budgeted in advance of actual revenues.
E) Asset forfeiture and equitable sharin g funds may not be used to supplant local funds, nor may local funds supplant asset forfeiture or equitable sharing funds.
F) Appropriations and Expenditures:
a. Federal equitable sharing approp riations and expenditures shall be made in accordance with the Guide of Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (The Guide), jointly issued by the United States Treasury Departments of Treasury and Justice.
b. State asset forfeiture appropr iations and expenditures shall be made in accordance with the California Health and Safety Code Sections 11469 through 11492, as applicable.
G) Generally, the permissible uses of asset forfeiture and equitable sharing funds are as follows:
i. Law enforcement operat ions and investigations: Support of investigations and operations that further law enforcement goals or missions. Examples include reward money (annual dues paid to a crime tip organization or payment for a specific reward for information in a specific case); recruitment and advertisement costs; agency accreditation or agency membership dues (but not individuals’ membership dues); asset forfeiture/equitable sharing account maintenance fees; payments to confidential informants; and “buy” money.
ii. Law enforcement training/education, travel, and per diem: Training of investigators, sworn, and non-sworn law enforcement personnel in any area necessary to perform official law enforcement duties, provided that the training is essential to employees’ regular duties.
Costs associated with travel and transportation to perform or in support of law enforcement duties and activities must be in Resolution 2021-0199 June 15, 2021 Pa ge 2 of 5
accordance with the jurisdiction’s per diem policy and must not create the appearance of extravagance or impropriety. Examples include training/conference registration fees, tuition, speaker fees, or costs to produce training curricula in addition to employee per diem, lodging, and transportation costs.
iii. Contracts for services: Costs associated with a contract for a specific service that supports or enhances law enforcement is permitted. Examples include translation and language assistance services, staffing and feasibility studies, auditor to perform an audit of equitable sharing funds, subject matter expert, grant writer, or software developer. Employment-related contracts or contracts involving inherently law enforcement functions are prohibited.
Examples include hiring an attorney, investigator or civilian personnel to perform tasks typically or previously performed by agency or jurisdiction personnel. Under no circumstances should a contract for service be entered into where the payment of that service is based on a percentage of the seizures and forfeitures of the law enforcement agency.
iv. Law enforcement and public safety facilities: Costs associated with the lease, purchase, construction, expansion, improvement or operation of law enforcement and public safety facilities. Examples include costs of leasing, operating, and furnishing owned and occupied facilities. Improvements to leased facilities is prohibited.
Certain improvements or expansion projects require prior approval from the US Department of Justice, refer to The Guide for further.
v. Law enforcement equipment: Costs with the purchase, lease, maintenance (including repairs or service agreements), or operation of law enforcement equipment for use by law
enforcement personnel that supports law enforcement activities.
Examples include furniture; file cabinets; office supplies; telecommunications equipment; copiers; safes; fitness equipment; computers; computer accessories and software; body armor; uniforms; firearms; radios; electronic surveillance equipment; vehicles (e.g., patrol and unmarked vehicles); and animals and animal-related expenses.
vi. Drug, gang, and other prevent ion or awareness programs: Costs associated with the law enforcement agency’s delivery of prevention and/or awareness programs. Examples include public service announcements, meeting costs, motivational speakers, Resolution 2021-0199 June 15, 2021 Pa ge 3 of 5
and items used or distributed by the agency such as child identification kits and anti-crime items, literature, or software. This does not include support of programs provided by community- based organizations.
vii. Support of community-based organizations:
US Department of Justice Equitable Sharing Funds: Transfers of equitable sharing funds to community-based, non-profit 501(c)(3) or (4) organizations whose stated missions are supportive of and consistent with a law enforcement effort, policy, and/or initiative. The law enforcement agency may expend up to a total of $25,000 annually to support such organizations. Examples include drug treatment facilities, job skills programs, or youth programs with drug and crime prevention education. Equitable sharing funds used in this manner are subject to subrecipient monitoring requirements contained in the Office of Management & Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
US Department of Treasury Equitable Sharing Funds: Support of community-based organizations is not a permissible use of equitable sharing funds received from the US Department of the Treasury.
California Health and Safety Asset Forfeiture Funds: As stipulated in California Health and Safety Code Section 11489, 15 percent of asset forfeiture funds disbursed to the Sacramento Police Department must be maintained in a separate account and shall be used for the sole purpose of funding programs designed to combat drug use and divert gang activity and to cause the development and continuation of positive intervention programs for high-risk elementary and secondary school-age students. Awards made to community-based organizations under California asset forfeiture statutes are not subject to federal subrecipient monitoring requirements.
viii. Other types of permissible uses. Other permissible uses also defined in The Guide include:
1. Joint law enforcement/public safety operations
2. Law enforcement awards and memorials
3. Matching grants
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Adopted by the City of Sacramento City Council on June 15, 2021, by the following vote:
Ayes: Members Ashby, Guerra, Harris, Jenning s, Loloee, Schenirer, Valenzuela, Vang, and Mayor Steinberg
Noes: None
Abstain: None
Absent: None
Attest:
_____________________________________
Mindy Cuppy, City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.
Resolution 2021-0199 June 15, 2021 Pa ge 5 of 5
Mindy Cuppy
Digitally signed by Mindy Cuppy
Date: 2021.07.02 10:03:52 -07'00'
RESOLUTION NO.
Adopted by the Sacramento City Council
[Date]
Fiscal Year (FY) 2022/23 Asset Forfeiture Master Plan
BACKGROUND
A. The Sacramento Police Department receives a portion of proceeds from seized/forfeited assets pursuant to the Federal Comprehensive Crime Control Act of 1984, California Uniform Controlled Substances Act, codified at Health and Safety Code Sections 11469 th rough 11495, and joint agreements with other government agencies.
B. Depending on the agency that secure d the forfeiture, and applicable Federal and State legislation, the revenues are deposited into the following Externally Funded Program (EFP) projects:
1. State Asset Forfeiture, California Health and Safety Code Sections 11469 – 11495
a. E11008000: Narcotics
b. E11008100: Narcotics (Burton Fund)
2. Federal Asset Forfeiture, Federal Comprehensive Crime Control Act of 1984 a. E11008200: U.S. Department of Treasury
b. E11008300: U.S. Department of Justice
C. The administration, budgeting, and expenditure of asset forfeiture funding is governed by the Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies, jointly issued by the U.S. Departments of Treas ury and Justice in July 2018 , and California Health and Safety Code Sections 11469 through 11495.
D. The FY2022/23 Asset Forfeiture Master Plan is included as Exhibit A to this resolution.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Manager, or the City Manager’s designee , is authorized to implement the FY2022/23 Asset Forfeiture Master Plan.
Section 2. The City Manager, or the City Manager’s designee , is authorized to adjust the expenditure and revenue budgets in the Asset Forfeiture EFPs (E11008000, E11008100, E11008200, and E11008300) by $720,490.
Section 3. The City Manager, or the City Manager’s designee, is authorized to adjust the allocations pr oposed in the FY2022/23 Asset Forfeiture Master Plan based on the operational requirements of the Sacramento Police Department.
Table of Contents:
Exhibit A – FY2022/23 Asset Forfeiture Master Plan
Attachment 4 to Staff Report; Exhibit A to the Resolution
FY2022/23 ASSET FORFEITURE MASTER PLAN
The Sacramento Police Department (SPD) respectfully submits its annual Asset Forfeiture Master Plan (Master Plan). The Master Plan includes an overview, revenue summary, proposed expenditure plan, and funding restrictions and guidelines.
OVERVIEW
The general intent of asset forfeiture and equitable sharing programs is to provide law enforcement with a mechanism to permanently deprive criminals from accessing assets and proceeds acquired through illegal activities. Asset forfeiture funding supports anti- drug/gang programming for youth and law enforcement needs through legal and equitable acquisition of assets.
Asset Forfeiture funds are distributed to law enforcement agencies as result of their investigations resulting in the seizure and subsequent civil forfeiture of tangible property or cash. The Asset Forfeiture Program (Program) is regulated by the Federal Comprehensive Crime Control Act of 1984, California Uniform Controlled Substances Act, codified at Health and Safety Code Sections 11469 through 11495, and joint agreements with other government agencies. Depending upon the legal authority for forfeiture and the entities involved, the revenues are deposited into Externally Funded Projects (EFPs) (Fund 2703).
Federal and State regulations state that program funding be used by law enforcement agencies for law enforcement purposes and prohibit funds from being used to supplant (replace) resources that would otherwise be made available to existing programs . In addition, guidelines specifically prohibit budgeting for anticipated revenues. Specific details on the regulations pertaining to the expenditure of program funds are provided in the following pages.
REVENUE SUMMARY
Since the adoption of Resolution 2021-0200, the SPD has received $ 720,490 in new asset forfeiture disbursements and interest earnings:
Project Name/Number Revenue1
State Asset Forfeiture, Narcotics
(E11008000) 611,619
State Asset Forfeiture, Narcotics – Burton Fund2
(E11008100) 107,198
Equitable Sharing – US Department of Treasury3
(E11008200) 1,674
Equitable Sharing – US Department of Justice3
(E11008300) -
Total $720,490
1) Includes prior fiscal year interest earnings; all amounts rounded to the nearest dollar. 2) As required by California Health and Safety Code (HS) Section 11489 (HS § 11489), of the 65 percent of forfeitured assets received by SPD, 15 percent must be deposited and maintained in a separate account and is used for the “sole purpose of funding programs designed to combat drug abuse and divert gang activity […] to cause the development and continuation of positive intervention programs for high-risk elementary and secondary school-age students.” 3) As prohibited by HS §11471.2, SPD has neither requested nor received any portion of proceed s of federally-forfeited property unless the defendant was convicted in a related criminal proceeding for an offense for which property is subject to forfeiture pursuant to HS § 11470 or HS § 11488. A criminal conviction is not required in “any case in which the forfeited property is cash or negotiable instruments of a value of not less than forty-thousand dollars ($40,000).” (HS §11471.2.)
PROPOSED EXPENDITURE PLAN
The SPD proposes the following funding allocations:
Allocation Category Allocation
Amount
Law Enforcement Operations and Investigations 250,655
Law Enforcement Training/Education, Travel and Per Diem 15,132 Law Enforcement and Public Safety Facilities 60,141
Law Enforcement Equipment 258,555
Drug, Gang, and other Prevention/Awareness Programs 28,809 Support of Community Based Organizations
State1 107,198
Federal2 -
Total $720,490
1) Administrative set-aside requirement per HS § 11489(b)(2)(A)(i) and (ii). As required by law, these allocations are determined by a panel consisting of the District Attorney, Sheriff, Chief Probation Officer, and Chief of Police 2) There were no new US Department of Justice resources received since the adoption of the FY2021/22 Asset Forfeiture Master Plan.
The allocation categories are generally defined as follows:
Law enforcement operations and investigations: Support of investigations and operations that further law enforcement goals or missions. Examples include , but are not limited to, reward money (annual dues paid to a crime tip o rganization or payment of a specific reward for information in a specific case) , recruitment and advertising costs , agency accreditation or agency membership dues (but not individuals’ membership dues) , asset forfeiture/equitable sharing account maintenance fees, payments to confidential informants, and “buy” money.
Law enforcement training /education, travel, and per diem : Training of investigators, sworn, and non -sworn law enforcement personnel in any area necessary to perform official law enforcement duties, provided that the training is essential to employees’ regular duties. Costs associated with travel and transportation to perform or in support of law enforcement duties and activities must be in accordance with the jurisdiction’s per diem policy and must not create the appearance of extravagance or impropriety. Examples include training/conference registration fees, tuition, speaker fees, or costs to produce training curricula in addition to employe e per diem, lodging, and transportation costs.
Law enforcement and public safety facilities: Costs associated with the lease, purchase, construction, expansion, improvement or operation of law enforcement and public safety facilities. Examples include cos ts of leasing, operating, and furnishing owned and occupied facilities. Improvements to leased facilities are prohibited. Certain improvements or expansion projects require prior approval from the US Department of Justice, specific requirements are outlined in The Guide.
Law enforcement equipment: Costs with the purchase, lease, maintenance (including repairs or service agreements) , or operation of law enforcement equipment for use by law enforcement personnel that supports law enforcement activities. Exam ples include furniture , file cabinets , office supplies , telecommunications equipment , copiers, safes, fitness equipment , computers, computer accessories and software , body armor , uniforms, firearms, radios, electronic surveillance equipment , vehicles (e.g., patrol and unmarked vehicles) , and animals and animal-related expenses.
Drug, gang and other prevention/awareness programs: Costs associated with the law enforcement agency’s delivery of awareness programs. Examples include public service announcements, meeting costs, motivational speakers, and items used or distributed by the agency such as child identification kits and anti -crime items, literature, or software. This does not include support of programs provided by community-based organizations.
Support of community -based organizations: Transfers of shared US Department of Justice equitable sharing funds to community based non -profit 501(c)(3) or (4) organizations whose stated missions are supportive of and consistent with a law enforceme nt effort, policy, and/or initiative. An agency may expend up to a total of $25,000 of eligible equitable sharing funds annually to support such organizations. Examples include drug treatment facilities, job skills programs, or youth programs with drug and crime prevention education. Federal equitable sharing funds used in this manner are subject to subrecipient monitoring requirements contained in the Office of Management & Budget’s Uniform Administrative Requirements, Cost Principles, an Audit Requirements for Federal Awards.
Support of community -based organizations is not a permissible use of equitable sharing funds received from the US Department of the Treasury.
Under California Health and Safety Code Section 11489 (HS § 11489), 15 percent of the funds distributed to the state, local, or state and local law enforcement entities that participated in the seizure proceedings must be maintained in a separate account and shall be used for the sole purpose of funding programs designed to combat drug use and divert gang activity to cause the development and continuation of positive intervention programs for high -risk elementary and secondary school-age students.
Each of the programs identified below is geared towards high-risk elementary and high school students. These programs also include drug abuse and anti -gang activity education and have a proven track record of success. Also, all programs are collaborative and involve partnerships with educators, parent s, sworn law enforcement officers, community -based organizations, and local businesses.
Examples of the organizations that have received programmatic support via Asset Forfeiture funding past include:
Sacramento Police Foundation, Criminal Justice Magnet Academy:
The Sacramento Police Foundation (Foundation) is an independent 501(c)(3) charitable, non-profit organization that provides an opportunity for citizens and businesses to assist in providing resources and programs that will help prevent and reduce crime while developing stronger relationships with the community. The Foundation provides support to the Criminal Justice Magnet Academies at John F. Kennedy, C.K. McClatchy, Hiram W.
Johnson, Grant Union, and Inderkum High Schools.
The Criminal Justice Magnet Academy is a four -year program (9th through 12th grades), structured as a “school within a school.” These academies serve over 550 students per year and operate within a close family -like atmosphere, integrating academic and career technical educat ion. The curriculum is law enforcement focused, coordinated with related classes and includes lessons on the dangers of drug abuse and gang involvement.
In addition to the Foundation, the Academies are operated in partnership with the California Departmen t of Education, Sacramento City Unified School District, Twin Rivers Unified School District, Closing the Gap (Non- Profit 501(c)(3)), and the Harvego Family Foundation. The Academy has a proven track record of success that includes a 100 percent graduation rate and a 75 percent college entrance rate.
Sacramento Police Foundation, Cadet Program: The Foundation, in partnership with SPD and local businesses, supports the Cadet Program for teenagers and young adults, 14-21 years of age. The Program includes a curriculum that prepares youth for a future in law enforcement or other community service -based careers. Participants receive education on the various aspects of the SPD as well as the criminal justice system, community oriented policing, and other law enforcement -related subjects.
Additional life -building skills such as drug and gang education, public speaking, résumé building, grooming standards, work ethic, and teamwork complete the curriculum. Cadets are required to perform community service in the Sacramento area which may include assisting with traffic control, security, decoy operations, and fingerprinting. Asset forfeiture funding will only be used to support teenagers, ages 14-18, participating in the program.
Financial support f or young adult participants will come from alternative sources.
Sacramento Police Foundation, Sacramento Police Activities League (SacPAL): SacPAL is program that serves over 200 high-risk elementary and high school students each year by teaching positive citizenship principles through anti-drug and gang education and recreational and civic programs. Due to the COVID-19 pandemic, the number of youths that this program has been able to serve has decreased dramatically. The program consists of Police employees and community members, and partners with the City of Sacramento Departmnet of Youth Parks and Community Enrichment, Kops-N-Kids (non-profit 501(c)(3)), Positive Coaching Alliance, and local businesses. The programs administered by SacPAL includ e but are not limited to rugby, mountain biking, and fishing derbies.
Kops-N-Kids Summer Camp: Since 1986, the Kops-N-Kids organization (Non-Profit 501(c)(3)) has partnered with local, state, and federal law enforcement agencies, local fire departments, educators, parents, local businesses and community volunteers to provide a week-long summer day camp for high-risk elementary and high school students in the Sacramento area. The Kops -N-Kids Summer Camp features curricula in gang resistance, drug awareness, and violence prevention. Approximately 300 participants have attended the camp each year.
City of Refuge, Sacramento: The City of Refuge is a 501(c)(3) non-profit organization that provides intervention/supportive services for school-aged youth. Efforts have included one-on-one mentoring and intervention services for students needing emotional support, experiencing trauma, and/or needing to complete community service for probation. The City of Refuge provides youth with positive opportunities to engage outside of school such as paid internships through a youth workforce readiness program. The City of Refuge’s goal is to help create and foster a healthier, inclusive, and restorative school climate at each school served.
Efforts in youth workforce development are aimed at students most at-risk for potential gang involvement and or other activities that would hinder their growth and success. The City of Refuge works closely with students who are on the fringes and are guided back towards healthy opportunities and provided community support.
Neighborhood Wellness Foundation: Funding awarded to
Neighborhood Wellness Foundation has included support of youth mentoring, restorative civic engagement, educational field trips, and the Innovators Academy.
FUNDING RESTRICTIONS AND GUIDELINES
Depending upon the Federal or State legislation by which an asset is recovered, revenues are deposited into the following Externally Funded Program (EFP) projects:
State Asset Forfeiture
1) Narcotics Investigations, E11008000
2) Narcotics Investigations, Burton Fund, E11008100
Federal Asset Forfeiture
1) Department of Treasury, E11008200
2) Department of Justice, E11008300
The f ollowing are descriptions of each of the projects, accompanied by applicable guidelines:
State Asset Forfeiture, Narcotics Investigations (E11008000)
In accordance with California H ealth and Safety Code Sections 11469 through 1149 5, and a memorandum of understanding with the Sacramento County District Attorney’s Office, all property forfeited under the provisions of this code shall be distributed amongst the seizing agency(ies), the Sacramento County District Attorney’s Office, the State of California, and a private nonprofit organization comprised of local prosecutors that provides education and training for prosecutors and law enforcement in program ethics and proper application of relevant.
Guidelines for Use
Funding must be used to support law enforcement efforts (HS § 11489(d)) Funding shall not be used to replace or supplant local resources (HS § 11489(d)) No sworn law enforcement officer’s employment or salary shall be made dependent upon the level of forfeitures (HS § 11469(b)) Forfeiture proceeds shall be maintained in a separate fund or account subject to the appropriate accounting controls and annual financial audits (HS § 11469(h)) Seizing agencies shall implement training for officers assigned to forfeiture programs, which training should be ongoing (HS § 11469(e)).
State Asset Forfeiture, Narcotics Investigations, Burton Fund (E11008100) In accordance with California Health and Safety Code Sections 11469 through 1149 5, and a memorandum of understanding with the Sacramento County District Attorney’s Office, 15 percent of funds distributed to the State Narcotics Investigations Project (E11008000) must be maintained in a separate account for youth programming dedicated to anti-drug/gang education. Expenditures must be approved by a panel consisting of the Chief of Police, Sacramento County Sheriff, Sacramento County District Attorney, and the Sacramento County Chief Probation Officer.
Guidelines for Use
Funding must be used to support law enforcement efforts (HS § 11489(d)) Funding shall not be used to replace or supplant local resources (HS § 11489(d)) No sworn law enforcement officer’s employment or salary shall be made dependent upon the level of forfeitures (HS § 11469(b)) Forfeiture proceeds shall be maintained in a separate fund or account subject to the appropriate accounting controls and annual financial audits (HS § 11469(h)) Seizing agencies shall implement training for officers assigned to forfeiture programs, which training should be ongoing (HS § 11469(e)). Funds shall be used “for the sole purpose of [supporting] programs designed to combat drug abuse and divert gang activity” (HS § 11489(b)). Funding “shall wherever possible involve educators, parents, community-based organizations and local businesses, and uniformed law enforcement officers” (HS § 11489(b)).
Programs must cause the development and continuation of positive intervention programs for high-risk elementary and secondary-age students (HS § 11489(b)).
Federal Asset Forfeiture, Department of Treasury (child project: E11008200) The authority for the Department of Treasury (DOT) to share federally forfeited assets with participating federal, state, and local law enforcement agencies is established by federal law (18 USC § 981(e), 19 USC § 1616a(c) and 31 USC §§ 9703(a)(1)(G) and 9703(h)). The sharing of forfeited assets is discretionary.
Guidelines for Use:
Permissible uses for this funding are outlined in the Guide to Equitable Sharing State, Local, and Tribal Law Enforcement Agencies (https://www.treasury.gov/resource- center/terrorist-illicit-finance/Asset-Forfeiture/Documents/2018-Justice-Treasury-Joint- EQS-Guide-final-equitable-sharing.pdf). This funding can only be used for law enforcement purposes, and the DOT will terminate the sharing of asset forfeiture funds with any law enforcement agency that does not directly benefit from these funds.
Examples of permissible uses include:
Law enforcement operations and investigations
Law enforcement training and education
Law enforcement, public safety, and detention facilities Law enforcement equipment
Joint law enforcement/public safety operations
Contracting for services
Law enforcement travel
Awards and memorials
Drug, gang, and other prevention or awareness programs, does not support community-based organizations
Matching funds for law enforcement grants
Examples of impermissible uses include:
Salaries and benefits for current, permanent law enforcement personnel, except:
Matching federal grants
Overtime for officers and investigators
Salary of an officer hired to replace an officer assigned to a task force Specialized programs
First-year salary for a new law enforcement position
Temporary or contractual appointments not exceeding six months Use of forfeited property by non-law enforcement personnel Creation of endowments or scholarships
Uses contrary to the laws of the state or local jurisdiction Personal or political use of shared funds
Purchases of food and beverages, except emergency operations Extravagant expenditures
Petty cash, secondary/sub-accounts and stored value cards Purchase of items for or the transfer of funds to other law enforcement agencies Community-based organizations
Costs related to lawsuits
Loans
Money laundering operations
General Guidance:
Funding must not be used to replace or supplant local resources Interest income on funding is subject to the same guidelines as outlined above Anticipated funding should not be budgeted
Funding should not be retained unnecessarily
All interest earnings must remain in the project
Federal Asset Forfeiture, Department of Justice (child project: E11008300) Federal law allows the Department of Justice (DOJ) to share forfeited property with participating state and local law enforcement agencies (21 USC § 881(e)(1)(A) and (e)(3), 18 USC § 981(e)(2), and 19 USC § 1616a). Sharing is discretionary and not required.
Guidelines for Use
Permissible uses for this funding are outlined in the Guide to Equitable Sharing State, Local, and Tribal Law Enforcement Agencies
(https://www.treasury.gov/resource-center/terrorist-illicit-finance/Asset- Forfeiture/Documents/2018-Justice-Treasury-Joint-EQS-Guide-final-equitable- sharing.pdf). The DOJ will terminate sharing of asset forfeiture funds with any law enforcement agency that does not directly benefit from these funds.
Examples of permissible uses include:
Law enforcement operations and investigations
Law enforcement training and education
Law enforcement, public safety, and detention facilities Law enforcement equipment
Joint law enforcement/public safety operations
Contracting for services
Law enforcement travel
Awards and memorials
Anti-Drug education and awareness programs organizations Matching funds for law enforcement grants
Examples of impermissible uses include:
Salaries and benefits for current, permanent law enforcement personnel, except:
Overtime for officers and investigators
First-year salary of a new law enforcement position
Contractual appointments not exceeding one year
Officers assigned to pre-approved specialized programs that do not generally involve traditional law enforcement functions Payment of salaries for existing positions
Use of forfeited property by non-law enforcement personnel Payment of non-law enforcement expenses
Uses contrary to the laws of the state or local jurisdiction Non-official government use of shared assets
Purchases of food and beverages
Extravagant expenditures
General Guidance:
Funding must not be used to replace or supplant local resources Interest income on funding is subject to the same guidelines outlined above Anticipated funding should not be budgeted
Funding should not be retained unnecessarily
All interest earnings must remain in the project