REPORT TO CITY COUNCIL
SUBJECT
Title
Action on the Appropriation of $102,849 in Asset Forfeiture Funds for FY 2024/25 and to Approve the Related Budget Amendment and Spending Plan
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
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 sold by auction, resulting in receipt of 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, including, but not limited to, personnel training 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 funds 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, and prior to spending.
Previous years' funding has been allocated for purchases to enhance the Police Department's ability to apprehend criminal offenders, attend training and professional events, enhance employee safety, and address ways to better serve the Santa Clara community.
DISCUSSION
Asset Forfeiture Funds may only be issued for law enforcement-specific expenditures such as: operations and investigations; training and education...
Click here for full text