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HomeMy WebLinkAboutMINUTES - 04222014 - C.116RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller to establish an "Asset Forfeiture Account Trust Fund" for the Office of the Sheriff to control and manage asset forfeiture funds seized by a multi-jurisdictional violence suppression program C.A.S.E. (Contra Costa County Anti-Violence Support Effort). This fund is to be used to control and disperse funds seized by C.A.S.E. to support the program. FISCAL IMPACT: There are no additional county costs for fiscal support staff members. All administrative and program activities are included in the scope of work for existing staff members. BACKGROUND: In 2011 the State Department of Justice, the Office of the Sheriff, the Pittsburg Police Department and the California Highway Patrol formed a "Task Force" (C.A.S.E.) to work cooperatively and to effectively enforce the laws of the State of California. The Concord Police Department joined the task force in March of this year. The primary focus of the team is the suppression of violent crimes and weapons violations. The growing frequency of firearms related violence in Contra Costa County necessitates a coordinated and concentrated effort on the part of the participating Law Enforcement agencies to combat firearms related violence and associated crimes where firearms are utilized. These enforcement efforts shall be accomplished through the use of the task force concept to supplement individual agency enforcement efforts. The use of this task force is to ensure a well-coordinated, comprehensive, county-wide enforcement program to APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/22/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 925-335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 22, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Liz Arbuckle, Heike Siewell, Tim Ewell C.116 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:April 22, 2014 Contra Costa County Subject:Asset Forfeiture Account for C.A.S.E. Team continually target prohibited persons in possession of firearms, persons who utilize firearms to commit criminal offenses, and persons who utilize violence to commit criminal acts. Objectives of C.A.S.E. are: BACKGROUND: (CONT'D) Reduce the occurrence of firearm related crimes.1. Identify and apprehend persons prohibited from possessing firearms.2. Assist participating Law Enforcement agencies as well as other county Law Enforcement agencies with specific firearms/ violent crime related investigations within their jurisdictions. 3. Since the teams formation in 2011, they have arrested 196 individuals and seized 436 firearms county-wide. As part of enforcement efforts, the team will seize assets from offenders consistent with the "Comprehensive Crime Control Act of 1984", which was adopted in this County by Board Order in August, 1989, and pursuant to the guidelines outlined in the California Health and Safety Code section 11471. To allow the tracking and oversight of funds seized, we are requesting the formation of a "Trust Fund" unique to the C.A.S.E. Team and separate from the current asset forfeiture accounts used by the Sheriff's Office now. The Investigations Division Captain will maintain fiduciary responsibility of the account. The C.A.S.E. Board of Directors would have oversight and would be the approval authority for any expenditures of asset forfeiture funds. Proceeds derived from asset forfeiture, under state or federal law, initiated in the course of investigations conducted by C.A.S.E. will be shared equitably among member agencies. The equitable sharing will be based on a formula developed by the C.A.S.E. Executive Board. All forfeiture procedures and sharing will be based upon the appropriate provisions of state or federal law and policy. Modification to the asset forfeiture agreement requires approval in writing by members of the Task Force Executive Board. CONSEQUENCE OF NEGATIVE ACTION: Lacking a separate asset forfeiture account will continue to cause assets seized by C.A.S.E. to be combined with other recoveries. CHILDREN'S IMPACT STATEMENT: No impact.