Chapter 2.98 — DISPOSITION OF UNCLAIMED MONEY SEIZED IN DRUG-RELATED

ARRESTS

Sections: 2.98.010 Definitions. 2.98.020 Storage of seized drug-related funds. 2.98.030 Disposition of unclaimed seized drug-related funds. 2.98.040 Chapter is supplemental.

As used in this chapter:

A. "Drug-related funds" means all moneys, negotiable instruments or securities described in California Health & Safety Code Section 11470(f).

B. "Seized drug-related funds" means any drug-related funds seized by the Police Department pursuant to Division 10, Chapter 8 (commencing with Section 11470) of the Health & Safety Code. (Ord. 6135-NS § 1, 1992)

All seized drug-related funds shall be kept in the custody of the Police Department pursuant to Berkeley Municipal Code Section 2.64.90. Seized drug-related funds shall be kept to a minimum of one year and ninety days from the date of seizure of the funds. (Ord. 6135-NS § 2, 1992)

A. If the District Attorney or Attorney General institutes forfeiture proceedings for seized drug-related funds, the funds shall be disposed of in accordance with Division 10, Chapter 8 (commencing with Section 11470) of the Health & Safety Code.

B. Notwithstanding Berkeley Municipal Code Section 2.64.110, if forfeiture proceedings are not instituted and if seized drug-related funds are not ordered to be disposed by a court, the Police Department shall comply with any notice to withhold issued with respect to the funds by the Franchise Tax Board. If no notice to withhold has been issued with respect to the funds by the franchise tax board, the funds shall be disposed of in accordance with the terms in this section.

C. For seized drug-related funds totalling ten dollars or less, if no person appears and proves their ownership of such funds within one year and ninety days from the date of seizure, the Police Department shall deposit the funds into its asset forfeiture account.

D. For seized drug-related funds totalling more than ten dollars and less than one hundred dollars, no sooner than one year from the date of seizure of drug-related funds, the Police Department shall publish a notice once a week for three successive weeks in a newspaper of general circulation in Alameda County. The notice shall state the case number of any criminal proceedings related to the funds, the police report number related to the funds, the date and place of seizure, and the amount of funds held by the Police Department. The notice shall direct the individual to apply for a court order for release of the funds and shall specify the date by which the person must apply. The date shall be no sooner than ninety days after the date the notice is published. The notice shall further state that if such a court order is not obtained, the funds shall become the property of the City.

E. For seized drug-related funds totalling one hundred dollars or more, no sooner than one year from the date of seizure of drug-related funds, the Police Department shall publish the notice specified in subsection D of this section. The Police Department shall also send a certified letter to the last known address of the individual whose funds were seized. Both the notice and the letter shall contain all the information specified in subsection D of this section.

F. For seized drug-related funds totalling ten dollars or more, if court proceedings are not instituted and served on the City on or before the date specified in the notice, the funds shall be transferred to the Police Department’s asset forfeiture account. (Ord. 6135-NS § 3, 1992)

This chapter shall be considered supplemental to the provision of Division 10, Chapter 8 (commencing with Section 11470) of the Health & Safety Code. If the provisions of this chapter are found to be in conflict with the provisions of Division 10, Chapter 8 of the Health & Safety Code, the provisions of the Health & Safety Code shall apply. (Ord. 6135-NS § 5, 1992)