City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01021 6/25/2024 Consent Item 2.
Fiscal Year (FY) 2024/25 Asset Forfeiture Master Plan
File ID: 2024-01021
Location: Citywide
Recommendation: Adopt 1) a Resolution: a) rescinding City Council Resolution 2021-0199; and b) establishing an updated policy for the appropriation and expenditure of asset forfeiture funding; and 2) a Resolution authorizing the City Manager, or the City Manager’s designee, to: a) implement the FY2024/25 Asset Forfeiture Master Plan; b) adjust the revenue and expense budgets in the Asset Forfeiture EFP projects (E11008000, E11008100, E11008200, and E11008300) by $449,421; and c) adjust the allocations proposed in the FY2024/25 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: None
Attachments:
1-Description/Analysis
2-Draft Resolution: Asset Forfeiture Policy
3-Draft Resolution: FY2024/25 Asset Forfeiture Master Plan 4-Exhibit A - 2024/25 Asset Forfeiture Master Plan
Description/Analysis
Issue Detail: This report recommends that City Council implement the Fiscal Year 2024/25 Asset Forfeiture Master Plan (Master Plan) (Attachments 3 and 4). The proposed Master Plan allocations are consistent with the permissible uses outlined in current policy (Resolution No. 2021-0199).
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
File ID: 2024-01021 6/25/2024 Consent Item 2.
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 (Attachment 2) establishing policy for Asset Forfeiture appropriations and expenditures. Staff recommends updating the policy to reflect operative federal administrative guidance and state law, as applicable.
Recommendations contained in this report are in accordance with Resolution No. 2021-0198, Section
12.3, which requires Council approval to adjust EFP revenue and expenditure budgets in excess of $250,000.
Economic Impacts: Not applicable.
Environmental Considerations: Not applicable.
Sustainability: Not applicable.
Commission/Committee Action: 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) 2023/24 Asset Forfeiture Expenditure Master Plan (Resolution No. 2023-0144), the SPD has received $449,421 in asset forfeiture revenues and interest earnings. The SPD proposes the appropriations be allocated as follows:
Allocation Category Allocation
Amount
Law Enforcement Operations and Investigations 156,351
Law Enforcement Training/Education, Travel and Per Diem 9,439 Law Enforcement and Public Safety Facilities 37,514
Law Enforcement Equipment 161,279
Drug, Gang, and other Prevention/Awareness Programs 17,970 Support of Community Based Organizations (State Funds Only)1 66,867 Total $449,421
File ID: 2024-01021 6/25/2024 Consent Item 2.
Allocation Category Allocation
Amount
Law Enforcement Operations and Investigations 156,351
Law Enforcement Training/Education, Travel and Per Diem 9,439 Law Enforcement and Public Safety Facilities 37,514
Law Enforcement Equipment 161,279
Drug, Gang, and other Prevention/Awareness Programs 17,970 Support of Community Based Organizations (State Funds Only)1 66,867 Total $449,421
1) Mandated allocation; see HS § 11489.
Further details on each of the proposed allocations are included in the Master Plan (Attachment 4).
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO.
Adopted by the Sacramento City Council
[DATE]
Rescinding Resolution 2021-0199 and Updating Policy for Asset Forfeiture Appropriations
BACKGROUND
1. On June 15, 2021, the City Council adopted the Asset Forfeiture Master Plan Policy (Resolution 2021-0199), 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 March 2024 Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (The Guide), 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. Resolution 2021-0199 is rescinded.
Section 2. The following policy is established for the use of asset forfeiture and equitable sharing funds:
A) On an annual basis, the SPD will submit 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 sharing 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.
C) Asset forfeiture and equitable sharing 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 sharing appropriations and expenditures shall not be budgeted in advance of actual revenues.
E) Asset forfeiture and equitable sharing funds may not be used to supplant authorized appropriations.
F) Appropriations and Expenditures:
a. Federal equitable sharing appropriations and expenditures shall be made in accordance with The Guide jointly issued by the United States Treasury Departments of Treasury and Justice.
b. State asset forfeiture appropriations and expenditures shall be made in accordance with the California Health and Safety Code Sections 11469 through 11492, as applicable.
G) Generally, permissible uses of asset forfeiture and equitable sharing funds are as follows:
i. Law enforcement administrative costs: Administrative costs that further the agency’s law enforcement goals or missions.
Examples include: recruitment and advertisement costs, agency accreditation, banking and equitable sharing account maintenance fees, or agency membership dues. Memberships and dues for an individual are impermissible.
ii. Law enforcement training and education: Training of agency personnel in any area necessary to perform official law enforcement duties, provided that the training is essential to employees’ regular duties. Agencies may not pay for training expenses of non-agency personnel.
Examples include: training/conference registration fees, tuition, speaker fees, or costs to produce training curricula on topics such as serving as a canine handler, narcotics detection, defensive tactics, criminal justice, languages, constitutional law, accounting and finance, or forensics.
iii. Law enforcement, public safety, and detention facilities: Purchase, lease, operation of law enforcement, public safety, or detention facilities used or managed by the City.
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.
iv. Law enforcement equipment: 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.
v. Joint law enforcement and public safety operations: Costs associated with the purchase of multi-use equipment and operations used by both law enforcement and non-law
enforcement personnel.
Examples include: 911 call center equipment, defibrillators, Naloxone, search and rescue boats, aircraft, and diving equipment. These must be a law enforcement use; the equipment cannot be solely for non-law enforcement operations, such as fire and EMS vehicles.
vi. Contracts for services: Costs associated with a contract for a specific service that supports or enhances law enforcement.
Examples include: translation and language assistance services, outsourced laboratory testing, staffing and feasibility studies, auditing of equitable sharing funds, Employee Assistance Program services, subject matter expert consultations, grant writing, or software development.
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.
vii. Law enforcement travel and per diem. Costs associated with travel and transportation for law enforcement agency personnel to perform or support law enforcement duties and activities.
Travel and per diem for personnel from other agencies is not permitted. All related costs must be in accordance with the jurisdiction’s travel and per diem policies and must not create actual or the appearance of extravagance, waste, or impropriety.
viii. Law enforcement awards and memorials. Costs associated with the purchase of plaques, certificates, commemorative badges, and challenge coins in recognition of a law enforcement achievement, activity, or training. Shared funds may not be used to pay monetary awards in any form, including cash, cash equivalents, or stored value cards.
ix. Drug, gang, and other prevention or awareness programs: Costs associated with conducting law enforcement agency 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.
x. Overtime. Costs for overtime and related benefits of current sworn and non-sworn law enforcement agency personnel
performing official law enforcement duties. Overtime for personnel from other agencies is not permitted.
xi. Salaries. Payment of salary and benefits of a new officer hired to replace an officer assigned to a federal task force or school resource officer (SRO) or drug abuse resistance education (DARE) officer with certain pre-approvals is permissible in limited circumstances; see The Guide for further.
xii. Support of community-based organizations: 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.
Under the terms of The Guide, federal equitable sharing funds may not be donated to or used to purchase items for community-based organizations.
RESOLUTION NO.
Adopted by the Sacramento City Council
[Date]
Fiscal Year (FY) 2024/25 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 March 2024, and California Health and Safety Code Sections 11469 through 11495.
D. The FY2024/25 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 FY2024/25 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 $449,421.
Section 3. The City Manager, or the City Manager’s designee, is authorized to adjust the allocations pr oposed in the FY2024/25 Asset Forfeiture Master Plan based on the operational requirements of the Sacramento Police Department.
Table of Contents:
Exhibit A – FY2024/25 Asset Forfeiture Master Plan
Attachment 4 - Exhibit A
FY2024/25 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 from 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 2023-0144 the SPD has received $ 449,421 in asset forfeiture disbursements and interest earnings:
Project Name/Number Revenue1
State Asset Forfeiture, Narcotics
(E11008000) 372,122
State Asset Forfeiture, Narcotics – Burton Fund2
(E11008100) 69,357
Equitable Sharing – US Department of Treasury3
(E11008200) 6,876
Equitable Sharing – US Department of Justice3
(E11008300) 1,066
Total $449,421
1) Includes prior fiscal year interest earnings; all amounts rounded to the nearest dollar. 2) As required by California Health and Safety Code section 11489 (HS § 11489), of the 65 percent of forfeitted assets received by SPD, 15 percent must be deposited and maintained in a separate account and 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 proceeds 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 156,351
Law Enforcement Training/Education, Travel and Per Diem 9,439 Law Enforcement and Public Safety Facilities 37,514
Law Enforcement Equipment 161,279
Drug, Gang, and other Prevention/Awareness Programs 17,970 Support of Community Based Organizations (State Funds Only)1 66,867 Total $449,421
1) Mandated allocation; see HS § 11489.
The allocation categories are generally defined as follows:
Law enforcement administrative costs: Administrative costs that further the agency’s law enforcement goals or missions. Examples include, but are not limited to, agency accreditation, banking and equitable sharing account maintenance fees, or agency membership dues. Memberships and dues for an individual are impermissible.
Law enforcement training and education: Training of agency personnel in any area necessary to perform official law enforcement duties, provided the training is essential to the employees’ regular duties. Funds cannot be used to pay for training expenses of non -agency personnel. Examples include, but are not limited to, registration fees, tuition, speaker fees, or costs to produce training curricula on topics such as serving as a canine handler, narcotics detection, defensive tactics, criminal justice, languages, constitutional law, accounting and finance, or forensics.
Law enforcement , public safety , and detention facilities: Purchase, lease, operation of law enforcement, public safety or detention facilities used or managed by the City. Examples include costs 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, refer to the Guide to Equitable Sharing State, Local, and Tribal Law Enforcement Agencies (“the Guide”) for further information.
Law enforcement equipment: 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; telecommunic ations 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.
Joint law enforcement and public safety operations: Costs associated with the purchase of multi -use equipment and operations used by both law enforcement and non-law enforcement personnel. Examples include, but are not limited to 911 call center equipment, defibrillators, Naloxone, search and rescue boats, aircraft, and diving equipment. There must be a law enforcement use; the equipment cannot be solely for non -law enforcement operations, such as fire and EMS vehicles.
Contracts for services: Costs associated with a contract for a specific service that supports or enhances law enforcement. Examples include, but are not limited to, translation and language assistance services, outsourced laboratory testing, staffing and feasibility studies, auditing of equitable shared funds, Employee Assistance Program services, subject matter expert consultations, grant writing, or software development. Employment -related contracts involving inherently law enforcement functions are prohibited. Examples include, but are not limited to:
hiring an attorney, investigator, or civilian personnel to perform tasks typically or previously performed by agency or jurisdiction personnel.
Law enforcement travel and per diem: Costs associated with travel and transportation for la w enforcement agency personnel to perform or support law enforcement duties and activities. Travel and per diem for personnel from other agencies is not permitted. All related costs must be in accordance with the jurisdiction’s travel and per diem policies.
Law enforcement awards and memorials: Costs associated with the purchase of plaques, certificates, commemorative badges, and challenge coins in recognition of a law enforcement achievement, activity or training. Shared funds may not be used to pay monet ary awards in any form, including cash, cash equivalents, or stored value cards.
Drug, gang and other prevention/awareness programs: Costs associated with conducting law enforcement agency awareness programs. Examples include, but are not limited to, publ ic 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 community-based organizations.
Support of community-based organizations: Under 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.
Under the terms of the Guide, federal equitable sharing funds may not be donated to or used to purchase items for community-based organizations.
Each of the programs identified below is geared towards high-risk elementary and high school students. These programs also in clude 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, parents, sworn law enforcement officers, community -based organizations, and local bus inesses.
Examples of the programs that have received funding in the 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 members of the public 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 5 00 students per year and operate within a close family -like atmosphere, integrating academic and career technical education. The curriculum is law enforcement foc used, 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 Department of Education, Sacramento City Unified School District, Twin Rivers Unified School District, and Natomas Unified School District. The Academy has a proven track record of success that includes high graduation and college entrance rates.
Sacramento Police Foundation, Cadet Program: The Foundation , in partnership with SPD and local businesses, operates the Cadet Program (“the 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 t he 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 for young adult participants will come from alternative sources.
Sacramento Police Foundation, Sacramento Police Activities League (SacPAL): SacPAL is program that serves over 100 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 Department 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 include but are not limited to rugby and snow sports, such as skiing and snowboarding.
Kops-N-Kids Summer Camp: Since 1986, the Kops-N-Kids organization (Non-Profit 501(c)(3)) has partnered with local, sta te, 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.
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 Health 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 laws.
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)). Distribution of funding 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 (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 (https://www.justice.gov/criminal/media/1044326/dl). 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.
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 (https://www.justice.gov/criminal/media/1044326/dl). The DOJ will terminate sharing of asset forfeiture funds with any law enforcement agency that does not directly benefit from these funds.
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