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TO: BOARD OF SUPERVISORS Contra
La
FROM: Y Costa
Phil Batchelor, County Administrator
W County
DATE:
May 28, 1992
SUBJECT:
LEGISLATION: AB 3026 (Filante)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in SUPPORT of AB 3026 by Assemblyman Filante which
would authorize a law enforcement agency to use funds received as
a result. of an asset forfeiture case to be used to pay for overtime
which may have been incurred as a direct result of the seizure.
BACKGROUND:
Under current law, certain property which is involved in specified
controlled substance offenses can be seized and forfeited to the
state or local law enforcement agency which participated in the
seizure. These funds are available to support the law enforcement
and prosecutorial. efforts of the agencies . Current law, through an
oversight, does not permit the funds resulting from a seizure to be
used to pay for the overtime costs which are incurred by a law
enforcement agency as a direct result of the seizure.
Assemblyman Filante has introduced AB 3026 to correct this
oversight. Assemblyman Filante has written to the Board of
Supervisors requesting the Board' s support of AB 3026 . Both the
District Attorney and Sheriff-Coroner recommend that the Board of
Supervisors support AB 3026 and this office concurs in that
recommendation.
AB 3026 passed the Assembly Public Safety Committee and is
currently on the Consent Calendar on the Assembly Floor.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
11�RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S: 6. &&2 /7
.ACTION OF BOARD ON June 2 , 1992 APPROVED AS RECOMMENDED k OTHER
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. Q
CC: County Administrator ATTESTED /
District Attorney PHIL B10CHELOR.CLERK OF THE BOARD OF
Sheriff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR
George Roemer, Senior Deputy County Administrator
Les Spahnn, SRJ. Jackson, Barish & Associates
M382 (10/88)
BY_-...._. DEPUTY