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Home My WebLink About0439.000i j ! I - A1l9Ust 2, 199() TIlE HONORABLE CITY COUNCIL Palo Alto, California A9set Seilure -Ixpenditur~ of Funds Members of the Council '! 7 Council action is requested to approve an expenditure of $60 1 000 trOll the Asset Seizure Fund to cover costs of Police Department equipment purchases. BACKGROUND on January 1, 1989, Assembly Bill 4162.,. codified as Health and safety (H&S) COde Section 11470# became effective. Commonly referred to as the state's narcotics and forfeiture statute, a&S 11470 facilitates the effective seizing and forfeiting of property and money associated with druq trafficking. The leqislative intent behind the law-is to curtail the drug trade's profitability by cuttinq into its money and resources. In 1989, over $30 million in assets were forfeited in califor~ia through State proceedings. The seizure process typically occurs durinq an arrest or search warrant service related to narcotics trafficking.. B&S 11470 defines the property and conditions which are subject to forfeiture. Items subject to seizure include 1) narcotics or controlled substances; 2) any prod,uct or equipment used or intended to be used in manufacturing, processing, delivering, importing or exporting any controlled substance; J) any records and research products such as books", computers, records", form'~las", tapes and data", or computers and software related to the manufacture", t.ransaction or sale of controlled substances; and 4) money and items of value. ; , In Sant~ Clara county, a Deputy Oistrict Attorney has been specifically assigned to handle asset forfeiture cases and help local agencies properly process their cases.. The Police Department also participates in a Countywide asset forfeiture grou,p which conducts monthly meetings ,.,ith the District Attorney to discuss cases l provide quidelines# maintain unlforaity and control assets. CI!R:439:0 • • , . ";-"j.. :~;,. • .. -1 , , I I I I i ., .:-~ , / page Two !$SET SEIZURE FUND The legislation stipulates that seized property and funds are not to be used to defer normal operating expenses~ but utilized tor special purchases and projects associated with law enforcement acHy 1 ties. During the last two years... as a member of the All ied Agency Narcotics Ent'orcement Team (A.A.N.E .. T.), the i'olice Department received approximately $60,~O in forfeited monies. Monies seized by the Police Department are deposited into an Asset Seizure Fund created by the City's Finance Department. Subsequent to deposit, a check drawn on that account is made out to the county Auditor.. The check, along with the criminal case, is taken to the District Attorney's Office. The county holds all funds until the forfeiture adjudication process is completed.. The monies a~e then returned to the city and released for expenditure purposes. The process of seizing Clr forfeiting property is a civil proceeding wholly independent of any eri.inal filing or conviction and requires strict procecSural adherence. T"ne proceeding: evaluates the propriety of the seizure and determines the qovernment's right to t.he property. The superior court in the county in which the property Is seized has jurisdiction. PROPOS ED Eoo! PMENT PURCHASE osing released forfeited funds r Police Department staff plans t~ purchase 25 portable radios at an estimated -cost. of $48,,0-0,0. council will recall that fUnds 'Were incllJded in the Police Department's 1990-91 budget to modify existing radios to include the East Palo .Alto frequency. The lIIcquisition of additional radios will mean that each officer in the Field services and Investigative services DivisiOllS will have multi-agency communication capability. This purchase will i~prove inter-agency communications and officer safety during inter-dep2lrtmental operatIons. An additiO{lal $3 ... 5-00 of forfeited funds will be used for the purchase of spare batteries and speaker aicrophones for the new radios~ staff also plans to purchase a fume hood for approximately $8,,500 that Would enhance the processing of latent fingerprints. CUrrently. most paper Items or pieces of evidence ~ade of porous material must now be sent to the Santa Clara County Crime Laboratory f"or fingerp~int process!ng~ The purchase of the fume bood would: mean that. these items would be processed in.-house" thus CKR:U9,O , \ -. . \ ''». ~ '7 I I ~ I ! ~- ! ~ '- • < \ \ -, , - . , '\, : ,,-o o Page Three savinq consIderable time and providing more expeditious identification of fingerprints and resolution of cases.. Tbe cost of processing these items currently averages about $14,500 per year .. RECOMMEIlPATIOl! staff recommends that council approve the expenditure of $6G,OOO froll the Asset S e1 zure Fund ~ ~s ,tfUllY rt9tedl '<-t~ " I I /~ ~~ , L JOHNSON FLEMING / Assistant Police Chief ~ssistant city Manaq r v' CMR.439.0 .... - •