Legislation Details

File #: 2024-01021    Version: 1
Type: Consent Item Status: Agenda Ready
File created: 4/29/2024 In control: City Council - 2PM
On agenda: 6/25/2024 Final action:
Title: Fiscal Year (FY) 2024/25 Asset Forfeiture Master Plan
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Title

Fiscal Year (FY) 2024/25 Asset Forfeiture Master Plan

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FileID

File ID: 2024-01021

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Location

Location: Citywide

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Recommendation

Recommendation: Adopt 1) a Resolution: a) rescinding City Council Resolution 2021-0199; and b) establishing an updated policy for the appropriation and expenditure of asset forfeiture funding; and 2) a Resolution authorizing the City Manager, or the City Manager’s designee, to: a) implement the FY2024/25 Asset Forfeiture Master Plan; b) adjust the revenue and expense budgets in the Asset Forfeiture EFP projects (E11008000, E11008100, E11008200, and E11008300) by $449,421; and c) adjust the allocations proposed in the FY2024/25 Asset Forfeiture Master Plan based on the operational requirements of the Sacramento Police Department.

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Contact

Contact: Katherine Lester, Chief of Police, (916) 808-0800, klester@pd.cityofsacramento.org; Natalie Weaver, Administrative Officer, (916) 808-0864, nweaver@pd.cityofsacramento.org; Police Department

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Presenter

Presenter: None.

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Attachments

Attachments:

1-Description/Analysis

2-Draft Resolution: Asset Forfeiture Policy

3-Draft Resolution: FY2024/25 Asset Forfeiture Master Plan

4-Exhibit A - 2024/25 Asset Forfeiture Master Plan

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Description/Analysis

IssueDetail

Issue Detail: This report recommends that City Council implement the Fiscal Year 2024/25 Asset Forfeiture Master Plan (Master Plan) (Attachments 3 and 4).  The proposed Master Plan allocations are consistent with the permissible uses outlined in current policy (Resolution No. 2021-0199).

 

The Sacramento Police Department (SPD) receives a portion of proceeds from seized and forfeited assets pursuant to the Federal Comprehensive Crime Control Act of 1984, the California Uniform Controlled Substances Act, codified at Health and Safety Code Sections 11469 through 11495 (HS §§ 11469 - 11495), and joint agreements with government agencies. The revenues are deposited into multiple Externally Funded Program (EFP) projects. Distribution among the EFP projects is determined by the agency that secured the forfeitures and applicable Federal and State legislation. The administration, budgeting, and expenditure of asset forfeiture funding is governed by the United States Departments of Justice’s and Treasury’s Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies and HS §§ 11469 - 11495.

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PolicyConsiderations

Policy Considerations: On June 15, 2021, the City Council approved Resolution 2021-0199 (Attachment 2) establishing policy for Asset Forfeiture appropriations and expenditures. Staff recommends updating the policy to reflect operative federal administrative guidance and state law, as applicable.

 

Recommendations contained in this report are in accordance with Resolution No. 2021-0198, Section 12.3, which requires Council approval to adjust EFP revenue and expenditure budgets in excess of $250,000.

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EconomicImpacts

Economic Impacts: Not applicable.

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EnvironmentalConsiderations

Environmental Considerations: Not applicable.

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Sustainability

Sustainability: Not applicable.

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Commission/Committee Action

Commission/Committee Action: Not applicable.

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RationaleforRecommendation

Rationale for Recommendation: The intent of Federal and State Asset Forfeiture programs is to provide law enforcement with a mechanism to permanently deprive criminals from accessing assets and proceeds generated by illegal activities and to support law enforcement needs through legal and equitable acquisition and distribution of said assets. By participating in these programs, the SPD receives funding to support: a) operations and investigations; b) training/education, travel, and per diem; c) law enforcement and public safety facilities; d) equipment; e) drug, gang, and other prevention/awareness programs; and f) support of community-based organizations.

 

Both Federal and State programs stipulate that forfeiture funds must be used for law enforcement purposes only and cannot replace or otherwise supplant existing resources.

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FinancialConsiderations

Financial Considerations: Since adoption of the Fiscal Year (FY) 2023/24 Asset Forfeiture Expenditure Master Plan (Resolution No. 2023-0144), the SPD has received $449,421 in asset forfeiture revenues and interest earnings. The SPD proposes the appropriations be allocated as follows:

 

Allocation Category

Allocation

 

Amount

Law Enforcement Operations and Investigations

156,351

Law Enforcement Training/Education, Travel and Per Diem

9,439

Law Enforcement and Public Safety Facilities

37,514

Law Enforcement Equipment

161,279

Drug, Gang, and other Prevention/Awareness Programs

17,970

Support of Community Based Organizations (State Funds Only)1

66,867

Total

$449,421

1)                     Mandated allocation; see HS § 11489.

 

Further details on each of the proposed allocations are included in the Master Plan (Attachment 4).

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LocalBusinessEnterprise

Local Business Enterprise (LBE): Not applicable.

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