Loading...
HomeMy WebLinkAboutCC 6 NARCOTICS SEIZED 06-02-86 lnterlCom DATE: HAY 27, 1986 TO: ~0~: WILLIAM A. HUSTON, CITY MANAGAER POLICE DEPARTMENT SUBJECT: RECEIPT AND EXPENDITURE OF NARCOTICS ASSETS SEIZED~ Recommendation: That Council approve the attached resolution authorizing the establishment of a "Narcotics Seizure Fund" with the following guidelines: 1. That we place assets derived from state or federal narcotic investigations in the "Tustin Police Narcotics Seizure Fund" which is held in a trust in agency account. That we utilize funds from the "Tustin Police Narcotics Seizure Fund" for improving and developing narcotic enforcement programs in the city of Tustin as provided for in the California Health and Safety Code. That we direct staff to make disbursements from this account in conformance with pre-written warrant procedures for the purpose provided in the California Health and Safety Code. This action is to take place at the direction of the Chief of Police. 4. That we direct the Finance Director to establish an account in order to receive and distribute these funds. Both the Police Department and the Finance Department officers have met and have agreed that proper internal accounting controls will be put into place to ensure accurate accounting and documentation of expended funds. The monies will be used to purchase equipment, resources, or items deemed necessary in narcotic investigations. Those purchases could include communication equipment, undercover vehicles, surveillance equipment, and, in some case, overtime generated from these extensive investigations. During major narcotics investigations, a portion of the funds may be withdrawn and utilized as a "quick flash roll." This term relates to the display of cash during an investigation. That portion of the fund will then be returned to the account in total. Because of the nature of the usage of these funds, rapid disbursement may be necessary during emergencies. Background Within the past few years, the State of California has passed into law, sections of the California Health and Safety Code designed to impact the economics of organized drug trafficking. Even more Page 2 Receipt & Expenditure of Narcotics Assets Seized 5/27/86 recently, the federal government has amended title 21, section 881 of the U. S. Code to allow for "equitable distribution of seized, forfeited assets." These laws were designed to attack the profits generated by organized drug trafficking. The recovered funds are then intended to be directed to narcotic law enforcement as resources to be used in combating drug activity. Both laws seek the same results, to strengthen narcotic law enforcement and to remove profits from drug trafficking organizations. The law is very specific as to the intended purpose of such funds. Section 11489 (b) (2) (B) states that funds shall be distributed to local government entities for costs incurred in connection with forfeiture proceedings and underlying criminal convictions. Those types of violations must be represented in section 11470 (e) (see attachment A). All funds disbursed to a local governmental entity shall be used solely for investigation, detection and prosecution of criminal activities (section 11489 (b) (2) (B)) This section also states that the monies are not intended to supplant any local funds already designated for narcotic enforcement (see attachment B). This topic was specifically addressed by the author of the legislation, Senator Kenneth Maddy, in a memo to the Orange County District Attorney's Office (see attachment C)~ Section 11493 of the Health and Safety Code also gives direction as to the availability of fund assets to support "narcotic law enforcement efforts" (see attachment D). It is also the intent of the federal government that seized funds be directed toward the enhancement of municipal narcotic enforcement. This is noted in correspondence from the U. S. Attorney General Edwin Meese' staff in a memorandum reference "equitable distribution of seized assets" (see attachment E). Also noted is a quote by Attorney General Meese (see attachment F) found in the Crime Control Digest. In this article, Mr. Meese relates the federal government's intention for the use of these funds. Conclusion Law enforcement has finally been given a tool that has 'the potential of significantly impacting the major drug violators in our community. This resource should be utilized to its fullest, but compliance with federal and state guidelines should also be strictly adhered to. Chief of Po?ice CRT:dh 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 86-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING APPLICATIONS FOR TRANS- FER OF FORFEITED PROPERTY TO THE TUSTIN POLICE DEPAI~TNENT AND ESTAB- LISHING GUIDELINES AND CONTROLS RE- LAT IVE T~RRETO. WHEREAS, State and Federal statutes authorize the for- feiture of property seized in connection with narcotic activi- ties and the transfers of such property to law enforcement agencies which have been involved in effecting the seizure of such property, and WHEREAS, said State and Federal statutes prescribe regulations and controls which must be observed in connection with the use of property which has been transfered pursuant thereto, NOW, THEREFORE, the City Council of the City of Tustin, California, does hereby resolve that the following procedures, regulations and controls are hereby adopted relative to the' seizure, application for transfer and use of forfeited prop- erty, as follows: 1. Whenever property has been seized which may qual- ifY for forfeiture, notification by the Tustin Police Depart- ment shall be given: A. To the United States Drug Enforcement Administration, to ascertain if the property or monies seized qualify to be processed Federally, or B. To the Orange County District Attorney's Office to ascertain if the property or monies seized qualify to be processed through the State of California. (1) If Drug Enforcement Administration is to process the matter , it will take physical custody of all property and money. (2) If the District Attorney is to process the matter, Tustin Police Department will retain all proper.ty and money unless otherwise instructed by the District Attorney or court. '1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Funds received from the State of California rela- tive to forfeited property will generally only be equal to amounts the Tustin Police Department has expended during the investigation of a particular case. Such monies shall be returned to the fund or funds which the expenditures were paid for which the reimbursement is made, e.g. Overtime Fund, General Fund, etc. 3. Funds received from the Federal Government shall be maintained by the Finance Department in a trust and agency account. Thd Director of Finance of the City of Tustin is authorized and directed to receive such monies and is directed to see that such funds are used only in compliance with this resolution, not for any other City purpose and not in lieu of other funds which would otherwise be spent for law enforcement purposes. A. Withdrawal of said funds will be made by the Finance Director upon receipt of a written request from the Tustin Police Department B. Monies from such account shall only be used to purchase equipment, resources, or items deemed necessary in narcotic investigations, except as specified below, and for no other purposes. C. During major narcotics investigations, a portion of such funds may be withdrawn and utilized as a "flash roll". (1) Such money shall be returned to the Finance Department as soon as possible for redeposit into the fund. (2) If the Finance Department is closed when such monies are available for redeposit such money shall be kept in a safe within the confines of Special Investigations until the Finance Department is open. (3) A log will be maintained by the Tustin Police Department to track the monies that have been removed from the fund. This log will contain date, time, and name of persons in possession of said funds. (4) A memorandum shall be submitted by the Tustin Police Department to the Finance Director for any funds requested, stating the intent of said funds. (a) A copy of such memoranda shall be retained in a file within Special Inves- tigations' files. (b) The memorandum shall require two (2) signatures, one being that of a 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Captain or the Chief of Police, the second being the Investigation Lieuten- ant or Special Investigations Sergeant. 4. All property, monies and funds relative to seized and/or forfeited property shall be dealt with in full and strict compliance with the provisions of this resolution and all applicable statutes, laws, rules and regulations of %he State of California and the United States of America. PASSSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of May, 1986. ATTEST: MAYOR CITY CLERK JGR:se :D: 05/27/86 (62) 58 U×IFORM CONTROLLED SUBSTANCES ACT shah be paid out of the funds appropriated or made available by law for the support or use of the Department of Justice. CHAPTER 8. SEIZURE AND DISPOSITION 11470. The £ollowing are subject to forfeiture: fa) All controlled st, bstanees which have been manufactured, distributed, dispensed, or acquired in violation of this division. (b) All raw materials, products and equipment of any kind which are used, or intended tbr use, in manufat~turing, compounding, processing, delivering, i,nporting, or exporting any controlled substance in violation of this division. (c) All property which is used, or intended for use, as a container for property described in 'subdivision (a) or (b). (d) All books, records, and research products and materials, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this division. (e} The interest of any registered owner of a boat, airplane, or any. vehicle other than an impiem~nt of husbandry, as defined in Section 36000 of the Vehicle Code, which has been used as ah instrument to facilitate the possession for sale or sale of 28.5 grams or more of Schedule I controlled substances except marijuana, peyote or psilocybin: 10 pounds dry weight or more of marijuana, peyote or psilocvbin: or 28.5 grams or more of any Schedule II controlled substances and 'the defendant has been convicte~i of a violation of Section 11351, 11352. 11353. 11359. 11360. 11361. 11378. 11378.5. 11379. 11379.5. or a conspiracy to commit any st,ch violation and the vehicle was used in the commission of the crime for which the conviction was obtained. No interest in a vehicle which may be lawfully driven on the highway with a class 3 or class 4 license, as l~rescribed ih Sectioi~ 12804 of the Vehicle Code, ma)' be forfeited under this subdivision if there is a community property interest in the vehicle by a person other than thc defendant and the vehicle is the sole class 3 o{' class 4 vehicle available to the defendant's immediate family. (f) All moneys, negotiable instruments, securities, or other things of v:due furnished or4ntended to be furnished by any person in exchanze for a controlled substance in violation of Seetio/a 11351, 11352, 11355, i-1359, 11360, 11378, 11378.5, 11379, 11379.5, or 11382 of this code, or Section 182 of the Penal Code, insofar as the offense involves manufacture, sale, possession for sale, offer for sale, or offer to manufacture, or conspiracy to commit at least one of' those offenses, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of Section 11351, 11352, 11355, 11359, 11360, 11378, 11378.5, 11379, 11379.5, or 11382 of this code, or Section 182 of the Penal Code, insofar as the offense involves manufacture, sale. possession for sale. offer for sale or offer to manufacture, or conspiracy to commit at least one of those offenses, provided that the individual is arrested and convicted, for any of the offenses enurnerated in this subdivision, and provided further' that, the exchange, violation, or other conduct which is the basis for the forfeiture occurred within five years of ATTACHMENT A 70 UXlFOIa.X! CONTROLLED SUBSTANCES ACT Section 11473.2 which a law enforcement agency may place in its own name for use in its law enforcement program, shall be sold at public auction by the Department of General Services or by the local governmental entity which shall provide notice of such sale by one publication in a newspapc: published and circulated in the city, community, or locality where the sale is to take place. (e) The proceeds of sale l~ursuant to subdivison (b) shall be first distributed in accordance with the provisions of Section 11489. 11488.7. For the purposes of Sections 11488 to 11488.6, inclusive, "local governmental entity" means a,ny city, county, or city ancl county in this state. 11489. Nowithstanding Section 11502 and except as otherxvise provided in Sections 11473 and 11473.2, in all cases where the property is seized pursuant to this chapter and forfeited to the state or local governmental entity and, where necessary, sold by the Department of General Ser~Sees or local governmental entity, the money forfeited or the proceeds of sale shall be distrib::ted by the state or local governmental entity as follows: (a) To the bona fide or innocent purchaser, conditional sales vendor, or mortgagee of the property, if any, up to the amount of his or her interest in the property, when the court declaring the forfeiture orders a distribution to such person. (b) The balance, if any, to accumulate, and from time to time, as the proceeds become sufficient, to be distributed as follows: (1) To the Department of General Services or local governme~,:a! entity for all expenditures made or incurred by it in connection with the sale of the property, including expenditures for anf,' necessary repairs, storage, or transportation of any property seized unaer this chapter. (2) (A) Fifty percent of the remaining funds shall be allocated to the Department of Mental Health for primary prevention programs in accordance with Chapter 1083 of the Statutes of 1981. (B) The remaining 50 percent shall be distributed to the local governmental entity or the state for all expenditures made "r incurred by the local governmental entity's law enforcement and pros~catorial agency or by the D~epartment of Justice, or any other state agency, in connection with the forfeiture proceedings and underlying criminal conviction, including, but not limited to, personnel costs, expenditures for witness' fees, reporters' fees, transcripts, printing, tray=ling, un,:ertakings, and im'estigation. An)' remainder shall be distributed to the Controller for deposit into the Narcotics Assistance and Relinquishment by Criminal Offender Fund as provided in Section 11493. All funds distributed to a local governmental entity under this subparagraph shall be distributed by that entity only to its law enforcement and proseeutorial agency to be used sololv for'investigation. detection, and prosecution of criminal activities. All funds distributed to the state under this subparagraph shall be allocated to the Department of Justice for invesr(gation, detection, and prosecution of criminal activities. The first priority for the fund shall be to support financial investigator ~i'i'ACHMEN'r B UNIFORM CONTROLLED SUBSTANCES ACT ' 71 positions within the Department of Justice which will be utilized to support financial investigation undertakings by local or state law enforcement agencies. Funds distributed under this subparagraph shall not supplant any local funds that would, in the absence of the provisions of this subparagraph, be made available t¢ support the law enforcement and prosecutorial ei~orts ot local agenczes. (3) Each governmental agency seeking reimbursement under this subdivision shall notify the district attorney or the Attorney General prosecuting the forfeiture of the nature and amount of its claim. The prosecuting agency shall petition the court for these costs and the court shall order the forfeiture proceeds distributed to the local governmental enti[F or the state for any agency expenditures. Should the amount forfeited be insufficient to pay all t~xpenditures claimed, the court shall order the funds distributed on a pro rata basis. (e) For the purposes of this section, "local governmental entity" means any city, county, or city and county in this state. 11490. The provisions of this division relative to forfeiture of vehicles, boats, or airplanes shall not apply to a comtnon carrier, or to an employee acting ~vithin the scope of its.employment in the enforcement of this division 11491. Nothing in this chapter shall be construed to extend or change decisional law as it relates to the topic of search and seizure. 11492. (a) Concurrent with, or subsequent to, the filir~g of the petition, the prosecuting agency may move the superior court for the following pendente lite orders to preserve the status quo of the propert;,' alleged in the petition of forfeiture. (1) An injunction to restrain all interested parties and enjoin them from transferring, encumbering, hypothecating or other~vise disposing of tha, property. (2) Appointment of a receiver to take possession of, care for, manage, and operate the assets and properties so that such property ma)' be maintained and preserved. (b) No preliminary injunction may be granted or receiver appointed without notice to the interested parties and a hearing to determine that " such an order is necessary to preserve the property, pending the outcome of the criminal proceedings, and that there is probable cause to that the property alleged in the forfeiture proceedings aze proceeds and property interests forfeitable under subdivision (e) or (f) of Section 11470. ttowever, a temporary restraining order may issue pending that hearing pursuant to the provisions of Section 527 of the Code of Civil Procedure. (c) No~vithstanding any other provision of law, the court in granting these m:*.ious may order a surety bond or undertaking to preserve the property interests of the interested parties. I1493. There is hereby created in the General Fund the Narcotics Assistance and Relinquishment by Criminal Offender Fund. The fund shall be administered by an advisory committee which shall be appointed by the Attorney General and which shall be comprised of three police TO: FROM: SUBJECT: DATE: AWL~CHME~ C KENNETH L. MADDY Edward R. Munoz Peter F. Bontade Joint Conunittee on Revision of the Penal Code SB 532 (Maddy) - Chapter 948 February 22, 1984 Pursuant to our phone conversation of February 21, 1984, the only section of the bill which speaks to the question of the use of funds gained through forfeiture, is the last sentence of Section 11489 (B) which reads, "Funds distributed under this subparagraph shall not supplant any local funds that would, in the absence of the provisions of this subparagraph, be made available to support the law enforcement and prosecutorial efforts of local agencies." This langJage was clearly intended to clarify that the money obtained through forfeiture would be available in addition to other resources for furthering narcotics law enforcement,,not to replace funds currently being spent in these areas. However, there is no requirement that a separate account b~ maintained. I hope this information will be helpful to ybu. PFB:cp 72 UNIFOHM CONTROLLED SUBSTANCES ACT chiefs, three sheriffs, two district attorneys, one private citizen, and the Director of the Division of Law Enforcement of the Department of Justice who shall serve as the executive officer. The money in the fnnd shall be available, upon appropriation bv the Legislature, tbr distribution bv the advisory committee to local and stat~ law entoreement azeneies in support of ger{eral narcotic law enforcement efforts. ATTACI-~5~NT D r CHAPTER 9. COLLECTION AND DISPOSITION OF FINES 11500. The district attorney, or any person designated by him, of the county in which any violation of this division is committed shall conduct all actions and prosecutions for the violation. However, the Attorney General, or special counsel employed by the Attorney General for that purpose, may take complete eh.~rge of the conduct of such actions or prosecutions. The Attorney General may fix the compensation to be paid for the service and may incur such other gxpense in connection with the conduct of the actions or prosecutions as he may deem necessary. No attorney employed as special counsel shall receive a's compensation more than three thousand five hundred dollars (8:3,500) in any' one year. liS01. The State of California, or any political subdivision thereof, may maintain an action against any person or persons engaged in the unlawf61 sale of controlled substances for the recovery of any public funds paid over to such person or persons in the course of any investigation of violations of this division. All proceedings under this sect'ion shall be instituted in the superior court of the county where the funds were paid over, where the sale was made, or where the defend;~nt resides. Notwithstanding Section 483.010 of the Code of Civil Procedure, in any action under this section, a writ of attachment may be issued, without the showing required by Section 485.010 of the Code of Civi! Procedure, in the manner provided by Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part :2 of the Code of Civil Procedure to attach any funds paid over or any other funds on the defendant's person at the tithe of his arrest. 11502. All moneys, forfeited bail, or fines received by any court under this division shall as soon as practicable after the r~ceil~t thereof be deposited with the county treasurer of the county in which such court is situated. Amounts so deposited shall be paid at'least once a month as follows: 75 percent to the State Treasurer by warrant of ~he connty auditor drawn upon the requisition of the clerk' or judge of said court to be deposited in the Slate Treasury on order of the State Controller; and ~5 percent to the city treasurer of the city, if the offense occurred in a city, otherwise to the treasurer of the county in which the prosecution is conducted. Any money deposited in the State Treasury under the provisions of this section which is determined by the State Controller to have been erroneously' deposited therein shall be refunded by him, subject to approval of the State Board of Control prior to the payment of such refund, out of any money in the State Treasury which is available by law for such purpose. ATTACHMmNT E U.S. Department of 3ustice Office of the A.~-' oci?te A~te,-ne.,,' C-enera{ May 30, !9S5 ?OR: ?.e?.~e~s of~t]%6.Fcrum for ~oo:erative Strate--v D. ~Swell Jensen Associate Attorney General ~;uide!ines Pertaining to the Transfer c~ Seized and Forfeited Property The attached ~uidelines have been aooroved by the AtUorn_=v :Teneral and are be~n: fo~-~arded for your'~nformat£on and actic~. It is imoort~_n= to n~te, however, that the guidelines are to review as the Department gains ex?erience in applying these new provisions. Any further_ modif':-=*-:on' may be made after Depar~,ent has had {ime to evaluate the prac{ical applica:ion .~f · ;hese procedures. The United States Attorneys, through the Law Enforcement Coordinating Com~nittee program, will have a major role in inform- ~ng state and local law enforcement agencies as.to the prcceduras for requesting an e~uitab!e transfer of forfeited prcperty, helping facilitate t~e application for transfer of such property, and seeing that the spirit and letter of the new forfeiture provisions of the Comprehensive Crime Control Act of 1984 are im~iemented in each federal district All Department of Justice employees are charged with implementing the Department's asset forfeiture program in a manner designed to promote cooperatlve law enforcement efforts with state and local law enfcrcement agencies. At the same time, Department personnel should ensure that the disposition of all federally seized and forfeited property is handled in a fashion resulting in an efficient and ~UalClOUS use of federal resources. Several points in particular should be noted. First, z:Itheugh these guidelines are for the most part identical with the policy seu forth in the "Handbook on the Comprehensive Crime Contrcl Act of 1984 and Other Criminal Statutes Enacted by the ~"~-~.~ Congress," some changes to the Handbook have been made through these guidelines. To the extent that there are · a~e 2 CRIME CONTROL DIGEST sheriffs and corrections personnel "get the most prison space possible" with .tax dollars "First, through the National Institute of Cor- rections e NIC), we are providing a clearinghouse for information on more cost-effective x'vays of building prison facilities," Meese said. "Using modular con- struction, we have found that it is possible .to build at the rate of Sl 6,000 per secure cell. This compares very favorably to the S 100.000 per cell that has been paid in some localities, namely the District of Colum- bia ." DOJ is also providing off-the-shelf architectural plans to state and local governments. Meese said. In addition, the Federal Government is making available surplt, s Federal land to be used ,'or correctional facility construction. Warrants And Extradition According to Mcese, the U.S. Marshal's Service Fugitive Investigation Strike Team { FIST) program has been saving local governments money, since the FIST operation, when it moves into an area, tracks down the most wanted warrant fugitives. "The results have been dramatic," he said. "A FIST operation in the Boston-Baltimore region recently arrested 3.500 suspects, of which 70 percent were given sentences and incarcerated. The final results of a Florida FIST strike are expected to top that number. While the cost of the Mar- shal's Service is SI million per action, local law enforcement pays very little." Another program being undertaken by NIJ is a study of extradition problems which face sheriffs, Meesa said. "As you know, the transportation of a prisoner from Kansas City to Los Angeles requires two deputies and pro- bably two days-that's a manpower and money drain," he siad. "We hope that we'll be able to offer some solutions in the near future." "Police Your Own Ranks" Speaking to' the sheriffs about the problem of narcotics trafficking and abuse, which the Justice Department considers to be its "number one priority," Meese said sheriffs and police chiefs must police their own ranks to weed out corrupt officers and administrators. The corruption of public officials, he told the sheriffs, ia "a problem which undermines our efforts to control drug trafficking and which undermines the public confidence as well." ATTACHMENT F July '1, 1985 As an example, he cited a case in Henry County, Georgia, in which a county police chief received S30,000 to allow a plane-load of drugs to land in his jurisdiction. "When the chief went to a motel room to pick up the payoff from the drug dealers (who were in fact undercover agents), he was accompanied by the county probate judge," Meese said. "Both were arrested immediately. "The chief and the judge then agreed to cooperate with the agents and made a phone call to their co-conspira- tors, who it turns out were the sheriff and the airport man- ager. These two asked, 'tlave you got the money?' They were arrested that night. All four were convicted in 1982 and given sentences ranging from 20,to 35 years." After mentioning corruption cases involving DEA agents and police vice officers, Meese said there are several "sad points" that must be made about these cases. "The first is that the Department of Justrite will not tolerate law enforcement officials going over to the other side," he told the sheriffs. "We owe it to the great major- ity of honest law enforcement personnel who resist temp- tatio~ to prosecute turncoats to the fullest extent of the law. "Second," he added, "an imbalance exists between the deservedly vigorous prosecution and sentencing of law enforcement personnel and the permissive attitude which too many judges and prosecutors are taking toward drug pushers and smugglers. "Finally," the Attorney General said, "law enforce- ment, like any profession, must take responsibility for policing its own ranks. A sheriff's or a policeman's col- leagues are frequently the first to know when he has taken a walk. The responsibility of sheriffs does not stop at the county line." Meese advised sheriffs to take advantage of the asset forfeiture provisinns of the Comprehensive Crime Control Act of 1984 as a legal way to obtain money from narcotics trafficking. State and local governments are entitled to share in forfeiture proceeds with the Federal Government if the state and local agencies have cooperated x~ith the Justice Department in the case yielding the assets {for background. see, "Need Extra Money For Your Department?" CCD, Vol. 19, No. 15, April 15, 1985, page 6). But there's a catch to the sharin~ process~ Meese warned the shertlfs. "Your local treasurers are prevented from ~ettine their hands on confiscated cash or liquidated assets because local July I, 1985 CRIME CONTROL DIGEST "government must attest that the money will only be used for law enforcement purposes," he said. "Properly used, forfeited asscsts can give sheriffs a real boost in their battle with cash- Page 3 rich drug traffickers." · DOLE PRAISES AWARENESS PROGRAM ON DRUNK DRIVING Secretary of Transportation Elizabeth'Hanford Dole on June 12 praised "Project Graduation," a pro- gram to increase teenagers' awareness of the dangers of drunk driving, especially during the prom and grad- uation season. Named after a successful pilot program begun in Maine in 1980, Project Graduation encourages high school seniors to hold alcohol-free and drug-free cele- brations during graduation week. "Project Graduation has been tremendously effective in increasing public awareness of the dangers of mixing alcohol or drugs with driving. Although the project is aimed particularly toward graduating high school seniors, the message is important for everyone: If you drive impaired by alcohol or drugs, you imperil your own life and those of others," Dole said. Each year, an estimated 4,200 teenagers die in alcohol-related motor vehicle crashes and another 110,000 are injured. Enthusiastic, Widespread Interest One of this year's most successful Project Graduation events was at Monterey High School in Lubbock, Texas. Thc graduating class raised over $2,000 and sponsored an all-night event attended by 225 students. In addition, more than 200 door prizes were donated by parents, businesses and civic dubs. From 10:30 p.m. to 5:30 a.m. the students swam, played raquetball, basketball, handball, badminton and ping- pong, viewed slide shows and clips from last year's sporting events, and were served breakfast at 4:00 a.m. Another particfilarly successful example of Project Grad- uation is sponsored by the Washington Regional Alcohol Pro- gram (WRAP), which encompasses Washington, D.C.. Virginia and Maryland. The Fairfax County, VA, program has resulted in two years of accident-free prom and graduation weeks. Interest in the program has been enthusiastic and wide- spread. This year, 43 states scheduled Project Graduation pro- grams in their schools, and, in Texas alone, as many as 1,300 high schools planned alcohol-free activities. · CoD1Dtetl[arl' . . · DEALING WITH SERIOUS OFFENDERS AND STATUS OFFENDERS: WHAT SHOULD ',YE BE DOING7 The Juvenile Justice System Today Needs "A Good Dose Of Fresh Air" By Alfred S. Regnery, Administrator Office Of Juvenile Justice And Delinquency Prevention U.S. Justice Department In this article I want to discuss serious juvenile crime-the area where 1 think the bulk of the jr,yen- fie justice system's resqurces should be lodged-and the problem of status offenders, an area which has traditionally exhausted a great deal of time and energy and which remains a difficult and perplexing issue to solve. First, the serious juvenile offender. The task of highest priority in tile field of juvenile delinquency is to deal directly and deci- sively with that small core of youth who are re- sponsible for much of the nation's crime. If a c~oss section of Americans were asked their greatest concern about juvenile delinquency, they wot,Id say, "We fear those youth who commit serious crimes-who rob, burglarize, mug, terrorize, and often kill." Asked what the Federal Government should do, they would shout: "Do something about youth who are committing these most serious crimes!" These are neither partisan questions nor partisan answers. They do not vary froin poor to non-poor, from white to non-white, or from Democrat to Republican. Last year, about one third of all arrests in tile U.S. were arrests of juveniles. When we consider - the fact that the juveniles arrested came from an age group of only four or five years, and when we consider the fact that the other two thirds arrested made up the remainder of the population, we can- not help but be amazed at the rate at which juven- iles commit crimes. In fact, 16-year-old boys com- mit crimes at a rate higher-by far higher-than any other single age group in our population. And when we consider the fact that a third of all of our crime 'victims must rely on our juvenile court system for CHARLES THAYER, CHIEF OF POLICE TO: ' C1~¥ ATTORNEY DISTRIBUTION OF FORFEi~TURE FUNDS $ US~ £CT: Your office has requested an opinion to accompany your request for equitable distribution of proceeds from forfeiture to be sent to the U. S. Department of Justice showing state author- ity for the Tustin Police Department to accept the subject funds and commit to use them only for law enforcement purposes, for the Chief of Police/Director of Finance to execute and transfer documents on behalf of the Tustin Police Department and, for Finance Director Rona~d Nault to receive payment on behalf of the Ci ry. California Health and Safety Code Sections 11470, et seq. complement the United States Code 21 USC_~i, providing for seizure and distribution of controlled substances. Health and Safety Code Section 11489(b) (.2) (B) provides, in connection with the distribution of funds for sale of forfeited property, that a percentage of the funds shall be distributed to the local govern- mental entity for all expenditures made or incurred by the en- tity's law enforcement and prosecutorial agency or by the Depart- ment of Justice in con.nection with the forefeiture proceedings. Under this law the entity shall distribute said funds to its law enforcement and prosecutorial agency to be used ~ for inves- tigation, direction and prosecution of criminal activities. Under this statute the Tustin Police Department has clear authority to receive forfeiture funds relating to the seizure of controlled substances and is required to use such funds ~ for law enforcement activities; more specifically, narcotics law enforcement efforts. (Health and Safety Code Section 11493.) Although the Health and Safety Code does not specifically name the individual within the local entity authorized to execute transfer documents, inasmuch as the funds "shall be distributed by that entity only to its law enforcement.., agency," it is our opinion that the Chief of Police as head of the law enforcement agency has the inherent authority under this law to execute the transfer documents on behalf of the agency heads, or to designate a person to execute the documents on his behalf. Under the Tustin City Code, the Finance Director is under the administrative direction of the City Manager and shall per- form those duties required by law and provided by ordinance or resolution. (Tustin City Code Section 1611 and City Council Resolution No. 80-122 which appointed the Finance Director to perform the duties of City Treasurer.) Government Code Section 41001 provides that Finance Director Ronald Nault acting as City Treasurer shall receive and safely keep all money coming into his hands as treasurer. Ronald Nault, as Finance Director, is authorized by state law to receive and deposit all monies coming into his hands as Finance Director. Therefore, designation of Mr. Nault as the official to whom payment of the forfeiture funds should be made is consistent with his position and authority to so act on behalf of the City of Tustin. thi s Should you have any questions, please feel free to contact office. JGR: se :D: 0 5/13/86 (7) cc: WH NARCOTIC ASSET SEIZURE Purpose To establish departmental guidelines and controls for the handling of assets that are seized as a result of narcotic related investigations. I. Procedure A. Whenever assets have been seized, notification will be made to: Drug Enforcement Administration (D.E.A.) to ascertain if the property or monies seized qualify to be processed Federally or, District Attorney's Office (D.A.) to ascertain if the property or monies seized qualify to be processed through the State. a) If D.E.A. is to process, they will take physical custody of all property or money. b) If the D.A. is to process, T.P.D. will retain all property or money unless otherwise instructed by the D.A. or court. B. Disbursement of funds from the State. Generally will only be what T.P.D. has expended during the investigation of the particular case. Those monies will go back into whichever fund they came out o~, i.e. Overtime Fund, General Fund, etc. C. Disbursement of funds from the Federal Government. 1. The fund will be maintained by the Finance Division in a trust and agency account at a local bank. ao Withdrawal of funds will be done by the Finance Director after receiving a written request from the police department. Monies from the account can be used to purchase equipment, resources, or items deemed necessary in narcotic investigations. C® During major narcotics invesigations, a portion of the fund may be withdrawn and utilized as a "flash roll". 1. This money shall be returned to the Finance Division for redeposit into the fund. If the Finance Division is closed this money shall be kept in a safe within the confines of Special Investigations until the Finance Division is open. A log will be maintained to track the monies that have been removed from the fund. This log will contain date, time, and name of persons in possession of said funds. d. A memo will be submitted for any funds requested stating the intent of said funds. 1. A copy of these memos will be retained in a file within Special Investigations files. The memo will require two (2) signatures, one (1) being that of a Captain or above, the second being the Investigation Lieutenant or Special Investigations Sergeant.