HomeMy WebLinkAboutResolutions - 1983.09.07 - 11763BY
INJ PE
MSCELLANEOUS RESOLUTION tt,e. August 18, 1983
PUBLIC SERVICES CCY,,rvifTT7E, "31-',.N77:S E. LANNI, CHAIRPERSON
APPROVAL OF PROCEDURE FOR ACOUISITION ANr") DISTRIP,IITI{mN OF
CONFISCATED PROPERTY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, in conjunction with Miscellaneous Resolution #83154 adopted July 14,
1983, Procedure of Acceptance of a Gift Donation and/or Gift Item from Private Sources,
the Board of Commissioners directed the Department of Management and Budget to develop
written procedures for County acquisition and distribution of confiscated property; and
WHEREAS, this -directive was also made in response to P.A. 251 of 1982 - Revised
Forfeiture • Act of 1932, effective September 29, 1982, which provides for forfeiture of
money, negotiable instruments or securities to local governments, obtained as a result of
controlled substance violation arrest; and
WHEREAS, Act 251 providos. for 75% of any money, negotiable ihst:-uments, or
securities remaining after payment of proper expenses of the proceedings for forfeiture and
sale (ine1Jding, expenses of seizure, maintenance of custody, advertising, and court costs) to
be distributed by the court having jurisdiction over the forfeiture proceedings to the entity
having budgetary authority over the seizing agency; and
WHEREAS, if more than (I) agency is substantially involved in effecting the
forfeiture, the court having jurisdiction over the forfeiture proceeding is to equitably ,
distribute the money,. negotiable instruments, or securities among the entities having
budgetary authority over the involved seizing agencies; and
WHEREAS, the County is one of several funding sources for the NET and Anti
Organized Crime Units, agencies • probable in the future to he party to a forfeiture
proceeding, under Act 251 or a related forfeiture statute; and
WHEREAS, it is recommended that the Department of Manage-
ment and Budget, Budget Division, review and determine information
regarding the County's amount and percentage of funding for NET,
Anti-Organized Crime, and any other County funded law enforcement
agency, and provide to the Prosecutor's Office yearly, during any
specific County forfeiture proceeding under Act 251, and/or any
related statutory forfeiture proceeding; and
WHEREAS, it is recommended that the Prosecutor's Office
provide said information to the court during forfeiture proceedings
to ensure a just and equitable distribution to the County of money,
negotiable instruments, or securities, forfeited under Act 251,
and/or any related forfeiture statute; and
WHEREAS, the Public Service Committee has reviewed
and recommends the adoption of the proposed Procedure for Acquisition
and Distribution of Confiscated Property, copy of which is attached
herein.
NOW THEREFORE BE IT RESOLVED that, effective immediately,
the Procedure for Acquisition and Distribution of Confiscated Property,
as presented, be and is hereby adopted.
BE IT FURTHER RESOLVED that any money recovered under
P.A. 251 of 1982 and/or any related forfeiture act be used to enhance
law enforcement efforts and that there be a specific line item
in the budget indicating that the money is earmarked for the law
enforcement enhancement fund.
MR. CHAIRPERSON, on behalf of the Public Services Com-
mittee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
COUNTY OF OAKLAND
PROCEDURE FOR ACQUISITION AND DISTRIBUTION
OF CONFISCATED PROPERTY
In conjunction with Miscellaneous Resolution #83154, adopted
July 14, 1983, Procedure for Acceptance of a Gift Donation and/or Gift. Item
From Private Sources, the Board of Commissioners requested the Department
of Management and Budget to develop written procedures for County acquisition
and distribution of confiscated property. The request was also made in
response to P.A. 251 of 1982 - Revised Forfeiture Act of 1982, effective
September 29, 1982, which provides for forfeiture of money, negotiable instru-
ments or securities to local governments, obtained as a result of controlled
substance violation arrest.
To briefly summarize Act 251 as it relates to the County,
75% of any money, negotiable instruments, or securities remaining after
payment of proper expenses of the proceedings for forfeiture and sale (including
expenses of seizure, maintenance of custody, advertising, and court costs),
"shall be disteributed by the court having jurisdiction over the forfeiture
proceedings to the entity having budgetary authority over the seizing agency.
If more than (1) agency was substantially involved in effecting the forfeiture,
the court having jurisdiction over the finrfeiture proceeding shall equitably
distribute the money, negotiable instruments, or securities among the entities
having budgetary authority over the involved seizing agencies."
Instances wherein the Oakland County Sheriff's Department
is solely responsible for a controlled substance violation arrest are clearly
defined under Act 251, in that the County of Oakland is to be the sole
recipient of any money, negotiable instruments, or securities rightfully
forfeited under the Act.
When a controlled substance violation arrest is made by the
NET or Anti-Organized Crime Unit, however, the forefoiture proceeding becomes
less clear. At that point, forefeiture of money and/or property items to
the County is to be decided based upon the county's percentage of agency
funding, in relation to all other funding sources (i.e., the State Police,
as well as any participating local communities).For this reason, it has
been determined that development of a mechanism for systematic review,
determination and update of the County's percentage of funding for NET,
Anti-Organized Crime, and any other County funded law enforcement agency
is imperative, such that the County is ensured a just and equitable dis-
tribution of money and/or property items forfeited as a result of Act 251,
or any related statutory forfeiture proceeding.
Based on the above, the following procedure relative to forfeiture
of property under P.A. 251 of 1982, or any related statutory forfeiture pro-
ceeding, to which the County is party, has been established:
The Department of Management and Budget, Budget Division,
shall review and determine the amount and percentage of Oakland
County and all other source funding for the NET, Anti-Organized
Crime, and any other County funded law enforcement agency
yearly, and shall provide said information to the Oakland
County Prosecutor's Office at such time.
The Oakland County Prosecutor's Office shall notify the Department
of Management and Budget, Budget Division, when the County
is party to a forfeiture proceeding due to NET, Anti-Organized
Crime, or any related County funded agency arrest. The
Department of Management and Budget, Budget Division, shall
review and determine Oakland County funding for the agency(ies)
involved, and shall provide said information to the Oakland
County Prosecutor's Office.
The Prosecutor's Office shall provide said information, along
with any other pertinent information it has in its possession,
to the court during the forfeiture proceeding to ensure a just
and equitable distribution to the County of money, negotiable
instruments, or securities forfeited under Act 251, or any
related forfeiture statute proceeding.
I.
TV. All money amounts forfeited to the County as a result of
P.A. 251 of 1982, and/or any related statutory proceeding,
shall be receipted by the Prosecutor's Office to the County
general fund.
V. A record of all money amounts forfeited to the County shall
be maintained in the Trial Balance /Expenditure Fund Report
by the Department of Management and Budget, Accounting Division.
VT. All property items forfeited to the County as a result of
P.A. 251 of 1982, and/or any related statutory proceeding,
shall be recorded with the Property Records Division and recorded
with the Accounting Division as general fixed County assets.
VII. A report on all money, negotiable instruments, and securities
forfeited to the County during the previous quarter shall be
included as an addendum to the quarterly forecast report
presented to the Finance Committee of the Board of Commissioners.
#83233 September 7, 1983
Moved by Lanni supported by Foley the resolution with Fiscal Note attached, be
adopted.
AYES: Calandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn,
S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Page,
Perinoff, Pernick, Rewold, Wilcox, Aaron, Caddell, (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution with Fiscal Note
attached, was adopted.
STATE OF MlCH1CAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that 1 have compared the annexed copy of
Miscellaneous Resolution #83233 adopted by the Oakland County Board of Commissioners
at their meeting held on September 7, 1983
with the original record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
7th day of _September this 1 983
LYNN P/IALLEN, County Cler•IRegister of D.e.
Deputy Clerk