HomeMy WebLinkAboutMINUTES - 09121989 - 1.91 TO BOARD OF SUPERVISORS
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR 1-091
DATE: AUGUST 24, 1989
SUBJECT: NARCOTICS ASSET'FORFEITURES '
RECOMMENDATION
1. Accept report from County Administrator on narcotics asset forfeiture
distributions.
BACKGROUND
During budget hearings additional information regarding the distribution
of funds from narcotics asset forfeitures was requested. The Board also
expressed some interest in pursuing legislation to permit the Probation
Department to receive a portion of these funds. This report addresses
these interests.
In May 1989, the District Attorney negotiated a revised Memorandum of
Agreement with the Chiefs of Police outlining a protocol for asset
forfeitures. With 21 parties to the agreement, including County
departments, local law enforcement jurisdictions, the narcotics
enforcement teams (NET'S), and .state agencies, the. protocol establishes
the formula for local distribution of assets seized by law enforcement
agencies in Contra Costa County.
The agreement, recently revised, became effective June 1, 1989. It
generates additional funds for the County for the specific purposes of
supporting an asset forfeiture attorney in the District Attorney's Office
and a criminalist in the Sheriff's Crime Laboratory to meet the workload demands
resulting from increased drug enforcement efforts of local agencies. The
agreement also establishes procedures to resolve disputes arising in the
application of the agreement to individual cases.
Attachment 1 identifies the asset forfeiture revenue received by enforcement
agencies in Contra Costa County in 1988-89.
CONTINUED ON ATTACHMENT: X YES Signature:
x Recommendation of County Administrator
Recommendation of Board Committee
x Approve Other
Signature(s):
Action of Board on: SEP 12 1989 Approved as Recommended _� Other
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain:
Attested: SEP 12 1989
Phil Batchelor, Clerk of
cc: Justice System Program (CAO) the Board of Supervisors
District Attorney and County Administrator
County Probation Officer
By: yliyU �c. '�iy�_' DEPUTY
r
�Y
(cont. )
By law ten percent (10%) of all forfeited assets throughout the state are
distributed to the State of California Asset Forfeiture Distribution Fund. From
this fund, $1,500,000 is appropriated annually to the State Department of Mental
Health for prevention and early intervention services in the schools (Welfare
and Institutions Code, Chapter 6). The fund also supports Los Angeles County
Office of Education's gang intervention program, OCJP administrative costs, and
POST training.
The law governing the use of asset forfeitures restricts the use of these
funds to drug enforcement activities. The proposed modification of this
protocol to include probation services requires legislative change.
Because this change would redistribute the same limited resources to more
recipients and thereby reduce the revenue now distributed to District Attorneys,
Sheriffs, and city police, any such effort will be opposed by these agencies,
not just locally, but statewide.. It is also likely that such an effort would
undermine Contra Costa County's new protocol which already dedicates to the
County a larger portion of the available funds than is required under the law.
Therefore this office is not recommending any change to existing law. The
District Attorney and the Sheriff concur with this recommendation.
Attachment 1
ASSET FORFEITURE REVENUE - FY 1988/89
ENTITY TOTAL % OF TOTAL
COUNTY AGENCIES:
DISTRICT ATTORNEY 33,280 9.9
SHERIFF'S CRIME LAB 41,459 12.4
SHERIFF 18,013 5.4
SUBTOTAL: $ 92,752 27.7%
STATE AGENCIES:
OCJP 26,231 7.8
CHP 310 .1
STATE-MENTAL HEALTH 41,969 12.5
SUBTOTAL: $ 68,510 20.4%
LOCAL LAW ENFORCEMENT AGENCIES:
RICHMOND PD 17,637 5.3
HERCULES PD 154 0.0
ECNET 18,949 5.7
CCCNET 35,498 10.6
WCNET 32,865 9.8
PITTSBURG 34,839 10.4
ANTIOCH 12,359 3.7
PLEASANT HILL 636 .2
SAN PABLO 2,065 .6
EAST BAY REGIONAL PK 426 .1
WALNUT CREEK 822 .3
EL CERRITO 1,425 .4
CONCORD 16,477 4.9
SUBTOTAL: $ 174,152 52.0%
TOTAL: $ 335,414 100.1% (�)
* Total does not equal- 100% due to rounding error.