Chapter 3.28
SEIZURE AND FORFEITURE FUND
Sections:
3.28.010 Created.
There is created in the city a fund to be known as the “seizure and forfeiture fund,” as a special revenue fund. Said seizure and forfeiture fund shall, in this chapter, be referred to as “the fund”. (Ord. 2230 § 1, 1990).
3.28.020 Purpose.
The purpose of the fund shall be to deposit the proceeds of forfeited property and moneys seized and forfeited in accordance with RCW 69.50.505 (f). (Ord. 2230 § 2, 1990).
3.28.030 Source.
Deposits will be made from the proceeds of the sale of forfeited property and seized moneys in accordance with RCW 69.50.505. (Ord. 2230 § 3, 1990).
3.28.040 Use.
Payments from the fund will be made first for proper expenses of the investigation leading to the seizure, expense of seizure, maintenance of custody, advertising, actual costs of the prosecuting or city attorney, and court costs for the case associated with the seizure. Money remaining after the expenses of the case shall be distributed in accordance with RCW 69.50.505(f)(1) through (4) as follows:
(1) Twenty-five percent of the money derived from the forfeiture of real property and 75 percent of the money derived from the forfeiture of personal property shall be deposited in the general fund of the city seizing law enforcement agency and shall be used exclusively for the expansion or improvement of law enforcement services. These services may include the creation of reward funds for the purpose of rewarding informants who supply information leading to the arrest, prosecution and conviction of persons who violate laws relating to controlled substances. Such moneys shall not supplant preexisting funding sources;
(2) Twenty-five percent of money derived from the forfeiture of real property and 25 percent of money derived from the forfeiture of personal property shall be remitted to the State Treasurer for deposit in the public safety and education account established in RCW 43.08.250;
(3) Until July 1, 1995, 50 percent of money derived from the forfeiture of real property shall be remitted to the State Treasurer for deposit in the drug enforcement and education account under RCW 69.50.520; on and after July 1, 1995, the 50 percent of the money shall be remitted in the same manner as the 25 percent of the money remitted under subsection (1) of this section; and
(4) If an investigation involves a seizure of moneys and proceeds having an aggregate value of less than $5,000, the moneys and proceeds may be deposited in total in the general fund of the city of the seizing law enforcement agency and shall be appropriated exclusively for the expansion of narcotics enforcement services. Such moneys shall not supplant preexisting funding sources;
(5) Money deposited according to this section must be deposited within 90 days of the date of final disposition of either the administrative seizure or the judicial seizure. (Ord. 2230 § 4, 1990).