REPORT TO COUNCIL
SUBJECT
Title
Action on the Appropriation of $166,774 in Asset Forfeiture Funds for FY 2024/25 and to Approve the Related Budget Amendment
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Both state and federal narcotics and other criminal convictions can result in the state or federal government seizing cash and property, such as vehicles or boats, that are ultimately disposed of by auction sale, resulting in receipt of some sale proceeds. These proceeds are referred to as "asset forfeiture funds" and are used by the state and federal governments for a variety of purposes, such as training their personnel or safe destruction of hazardous materials (including controlled substances). Recognizing that local public safety departments provide assistance to the state or federal enforcement agency in the investigation of the crimes resulting in asset forfeiture, the funds are shared with the local law enforcement agencies pursuant to California Health and Safety Code Section 11469, et seq., and various federal statutes (e.g., 28 U.S.C. 524, et seq and 21 U.S.C. 881). The Police Department submits a request annually to share in the distribution of funds seized pursuant to judicial and/or administrative actions. These monies may only be used for specific purposes.
Federal regulations do not allow agencies to budget anticipated Forfeiture Funds. Therefore, the City Council must allocate the use of Asset Forfeiture Funds after the money has been received. This report seeks City Council authority to spend $166,774 that has been received from seizure activities that occurred in 2023.
In regard to prior allocations of Asset Forfeiture Funds, at the time of writing this report, the City's Asset Forfeiture Fund Balance from prior seizures was $201,307 (Federal) and $269,713 (State). These funds were allocated to equipment purchase purchases to enhance our ability to apprehend criminal offenders, a...
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