HomeMy WebLinkAboutMINUTES - 05131986 - 2.1 1-1,M_001
TO: BOARD OF SUPERVISORS (/�,(y'�t
FROM: PHIL BATCHELOR, County Administrator `-'v' tra
Costa
DATE: April 30, 1986 County
SUBJECT: AUTHORIZATION OF COUNTY PARTICIPATION IN THE FEDERAL SEIZED AND FORFEITED
PROPERTY PROGRAM PURSUANT TO THE COMPREHENSIVE CRIME CONTROL ACT OF 1984
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt policy that funds .awarded to Contra Costa County law enforcement agencies pursuant to
the Federal Seized and Forfeited Property Program will be credited to the budget of the
recipient law enforcement agency in order to increase resources available for law
enforcement.
FINANCIAL IMPACT:
This federal program is relatively new and it is not possible to predict, at this time, the
amount of funds that might be awarded to County law enforcement agencies under the program.
REASONS FOR RECOMMENDATION/BACKGROUND:
The Federal Comprehensive Crime Control Act of 1984 authorized a program relating to
distribution of seized and forfeited property, to be administered by the U.S. Attorney
General. The statute directs that, "The Attorney General shall ensure the equitable
transfer. . .of any forfeited property to the appropriate State or local law enforcement
agency so as to reflect generally the contribution of any such agency participating
directly in any of the acts which led to the seizure or forfeiture of such property." The
seizure of cash, property, and other assets may often occur in a major drug case. The
Attorney General's Guidelines on this program provide that federal, state and local
agencies which coordinate their efforts in such an anti-crime effort leading to seizure of
such property may share in the distribution of the seized assets. Section D, subsection 3
(e) of these Guidelines provide that, "Property will be transferred only in cases where the
tangible property or cash will be credited to the budget of the state or local agency that
directly participated in the seizure or forfeiture, resulting in an increase of law
enforcement resources for that specific state or local agency."
The County agencies likely to participate with state and federal authorities in such a law
enforcement effort would be the District Attorney's Office and the Sheriff's Department.
Before these agencies can request a share of any seized assets from the U.S. Justice
Department pursuant to this program, federal guidelines require that the policy recommended
above be adopted.
CONSEQUENCES OF NEGATIVE ACTION:
Failure to adopt such a policy would mean that County law enforcement agencies would not be
eligible to receive funds that might be distributed under this program, which could be used
to enhance County law enforcement and prosecution efforts. R
CONTINUED ON ATTACHMENT: YES SIGNATURE: I \
—• RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIOO BOARD COMMITTEE
—•_APPROVE OTHER `
SIGNATURE(S)
ACTION OF BOARD ON May 13, 1986 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
—X UNANIMOUS (ABSENT III ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS
)/O7,NTHE DATE SHOWN.
CC: CAO Justice System Programs ATTESTED
District Attorney - - -- - - -
Sheriff-Coroner PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M9e2/7-e3 BY �{L� _ -- — _ - - DEPUTY --