HomeMy WebLinkAboutMINUTES - 06271988 - 2.4 TDA BOARD OF SUPERVISORS
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FROM: ` Phil Batchelor l.Jt.JI^�,tra
County Administrator Costa
DATE*. June 20, 1988 com
SUBJECT: Legislation Dealing with the Forfeiture of Property
Seized as a Result of Drug-Related Arrests
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Determine what position the Board of Supervisors wishes to take
on AB 4162 (Katz) , AB 4271 (Harris) and AB 4523 (Moore) relating
to the distribution of the proceeds from the sale of property
seized as a result of drug-related arrests.
BACKGROUND:
At the Board of Supervisors' meeting on June 7, 1988, Supervisor
Fanden asked the County Administrator ' s Office to determine
whether any bills had been introduced which increased the share
of the proceeds which are retained by local government from the
sale of property seized in a drug-related arrest.
Health & Safety Code Section 11489 provides for the distribution
of funds from forfeitures and seizures related to drug arrests.
Section '11489 provides that the proceeds of such sales will be
distributed as follows:
o First to reimburse the innocent purchaser or mortgagee
of the property up to the amount of his or her interest
in the property.
o Next to the State agency or local governmental agency
for all costs connected with the sale of the property,
including expenditures for any necessary repairs,
storage or transportation of the property.-
0
roperty:o The balance, if any, is divided as follows:
65% to the State and/or local law enforcement agencies
which participated in the seizure.
loo to the agency which prosecuted the forfeiture
action.
20% to the State Department of Mental Health for
primary prevention programs in the schools pursuant to
Chapter 1083 , Statutes of 1981.
CONTINUED ON ATTACHMENT; YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
S 1 GNATURE C S 1: lr� ifii• 41��a�N'�
ACTION OF BOARD ON June 28, 1988 APPROVED AS RECOMMENDED X OTHER X
ADOPTED position in support of proposed legislation AB 4162 (katz) and
AB 4271 (Harris) relating to the distribution of proceeds from the sale
of property seized as a result of drug-related arrests; DETERMINED to
take no position on AB 4523 (Moore) at this time.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT —-- AND CORRECT COPY OF AN ACTION TAKEN
AYES' NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED June 28 1988
Sheriff-Coroner
THE BOARD OF
District Attorney SUIPERVISORS BATCHELOR,
COUNTY FADMINISTRATOR
Mental Health Director
George Roemer, Justice Programs
BY ,DEPUTY
M382/7-83
Y
A.
Page 2
5% to eligible nonprofit organizations established for
the, purpose of aiding those seizures and forfeitures f
where it has been determined that information provided
by the organization resulted in the seizure. Otherwise
these funds are deposited into the Narcotics Assistance
and Relinquishment by Criminal Offenders Fund which can
be used by each county pursuant to county ordinance.
There are three bills currently pending in the Legislature. which
modify the provisions of Section 11489.
AB 4162 (Katz) adds a provision to Section 11489 requiring that
the prosecuting agency be reimbursed for its costs in providing
service of process on certain specified individuals and in
providing notices to interested parties that the property has
been seized and in providing other notices as specified in
Section 11488. 4. These costs are reimbursed prior to the
distribution of the 65%, 10%, 200, and 5% as noted above.
AB 4271 (Harris) revises the 65%, 10%, 20%, and 5% distribution
to eliminate the 20% distribution to the State Department of
Mental Health and the 5% to nonprofit organizations. Instead,
850 of the balance of the proceeds would go to the State and/or
local law enforcement agencies that participated in the seizure
and 15% would go to the agency which prosecutes the action.
AB 4523 (Moore) revises the sharing in the 65% distribution to
include distribution to those whose actions or information led to
the seizure. The bill also allows the distribution off the top
prior to the percentage distributions for the costs involved in
the distribution of the proceeds of the sale.
Each of these bills .has the potential to increase reimbursement
to local law enforcement and prosecuting agencies. AB 4271
(Harris) probably provides the largest increase to local law
enforcement agencies, but at the expense of the mental health
primary prevention programs and nonprofit organizations..