Chapter 10.44


10.44.010    County drug fund established.

10.44.020    Administration of fund.

10.44.030    Sources of moneys for fund.

10.44.040    Disbursements from fund--Use of moneys.

10.44.050    Seizure and forfeiture of currency.

10.44.060    Application of chapter.

10.44.070    Definitions.

10.44.010 County drug fund established.

The Snohomish county treasurer and the Snohomish county auditor shall create separate and distinct from the general fund of the county, a special fund to be known as the Snohomish county sheriff’s department drug buy fund.

(Ord. 80-051, August 25, 1980).

10.44.020 Administration of fund.

The fund established by this chapter shall be administered by the Snohomish county sheriff’s department according to sound accounting and principles consistent with all applicable laws, rules, regulations, and orders, consistent with the purpose of this chapter.

(Ord. 80-051, August 25, 1980).

10.44.030 Sources of moneys for fund.

The fund established by this chapter shall consist of the following:

(1) All fines, forfeitures and penalties ordered paid by court order into this fund; and

(2) The proceeds from sales and other transactions authorized by RCW 69.50.505 (g) and SCC 10.46.050, less the amount of proceeds deductible therefrom by authority of chapter 63.40 RCW.

(Ord. 80-051, August 25, 1980; Ord. 04-014, Feb. 11, 2004, Eff date Mar. 4, 2004).

10.44.040 Disbursements from fund--Use of moneys.

The sheriff of Snohomish county or his designee may authorize disbursements from the fund created by this chapter for purposes of enforcing any and all state statutes and county ordinances relating to controlled substances.

(Ord. 80-051, August 25, 1980).

10.44.050 Seizure and forfeiture of currency.

Where currency is seized by the Snohomish county sheriff’s department as evidence that an act was committed which constitutes a violation of chapter 69.50 RCW, the Uniform Controlled Substances Act, or of any county ordinance relating to controlled substances, a judge of either the superior court or of the district justice court may order that currency or, any portion thereof, be paid directly to the fund established by this chapter as a fine, forfeiture, or penalty, PROVIDED That the person or persons who claim ownership of the currency, or any portion thereof, is convicted of a violation under chapter 69.50 RCW and the currency no longer has evidentiary value. Should the person or persons, from whom the currency or any portion thereof was seized, be convicted of such a violation and should such person or persons disavow ownership of the currency, it shall be ordered forfeited to the fund established in this chapter subject to its having no further evidentiary value.

In the event that there be no prosecution of the alleged violation for which purposes the seizure of currency was made, or in the event such a case is "closed" and there remains such currency in the custody of the Snohomish county sheriff’s department, such currency shall be returned to the person or persons from whom the money was seized in the same manner as with any other evidence. Should no valid claim to such seized currency be received, the notice provisions of chapter 63.40 RCW shall be used, PROVIDED That forfeiture to the fund established by this chapter shall occur instead of there being conducted an auction or other sale. Should two or more persons contest rights to ownership or possession, and there can be reached between said contesting persons no agreement for receipt of possession, there may be instituted the appropriate legal proceedings to determine rights of ownership or possession.

(Ord. 80-051, August 25, 1980).

10.44.060 Application of chapter.

This chapter shall apply to all cases developed by the Snohomish county sheriff’s department relating to the enforcement of state statutes and county ordinances pertaining to controlled substances including:

(1) Active or existing cases, regardless of whether or not formal charges have yet been filed;

(2) Cases developed hereafter; and

(3) Inactive or closed cases wherein such a seizure of currency has been or was made and such currency is currently in the possession, custody or control of the Snohomish county sheriff’s department.

(Ord. 80-051, August 25, 1980).

10.44.070 Definitions.

All terms used herein shall, in addition to their ordinary meaning, also be defined according to common law and any state statute or county ordinance.

(Ord. 80-051, August 25, 1980).