Chapter 10 — DISTRIBUTION OF FUNDS FROM FORFEITURES AND SEIZURES

Section

• 27.1001 (Reserved).
• 27.1002 Funds Subject to Distribution.
• 27.1003 Eligible Organizations.
• 27.1004 Claims.
• 27.1005 Allocation Provisions.
• 27.1006 Reports to Board of Supervisors.
• 27.1007 Effective Date.

§ 27.1001 (Reserved).

The forfeited funds subject to distribution pursuant to Health and Safety Code § 11489(b)(2)(D) and which are derived by the County of San Bernardino from seizures and forfeitures made pursuant to Health and Safety Code §§ 11470 et seq., and which have occurred as a result of information provided to law enforcement agencies by nonprofit organizations established for the purpose of aiding those seizures and forfeitures, shall be allocated to eligible organizations in accordance with the provisions of this Chapter. (Ord. 3199, passed - -1987)

ELIGIBLE ORGANIZATION for the purposes of this Chapter means: (1) an organization whose primary purpose is to aid State and local law enforcement agencies in conducting criminal investigations by directly relaying information concerning criminal activity to such law enforcement agencies, and (2) such organization has qualified as exempt from State and Federal taxation under the Nonprofit Public Benefit Corporation Laws of the State of California and § 501(c)(3) of the Internal Revenue Code. (Ord. 3199, passed - -1987)

All claims for forfeited funds initiated pursuant to this Chapter shall be submitted to the District Attorney of the County of San Bernardino. Such claims shall be accompanied by a written declaration under oath, prepared by the investigating officer of the law enforcement agency seizing such funds, verifying that: (a) The information provided by the claimant organization was specific and factual; (b) The information provided was received and utilized by the law enforcement agency; and (c) The receipt of such information resulted in the seizure of the forfeited funds for which the claim is made. (Ord. 3199, passed - -1987)

(a) The District Attorney of the County of San Bernardino shall allocate and distribute forfeited funds as he or she determines in accordance with the provisions of this Chapter, except that: (1) No allocation shall be made to an organization other than an eligible organization as defined in this Chapter. (2) No forfeited funds shall be distributed pursuant to this Chapter until: (A) The superior court shall issue an order of forfeiture and judgment of such funds in a judicial proceeding; or (B) The Attorney General of California or the District Attorney of the County of San Bernardino shall issue a written declaration of forfeiture of such funds in an administrative forfeiture proceedings permitted by statute. (3) If two or more organizations provide information to a law enforcement agency, and such information is utilized by the law enforcement agency to obtain an order of forfeiture or a declaration of forfeiture, the forfeited funds available for distribution shall be divided equally among all eligible organizations making a claim under such order or declaration. (b) The District Attorney of the County of San Bernardino may adopt such additional rules and regulations as may be necessary to establish guidelines for the processing of forfeiture claims, provided such rules and regulations are consistent with the provisions of this Chapter. (Ord. 3199, passed - -1987)

The District Attorney of the County of San Bernardino shall report to the Board of Supervisors of the County of San Bernardino at least quarterly the name and address of each nonprofit organization which received an allocation under this Chapter and the amount given to the organization. (Ord. 3199, passed - -1987)

The provisions of this Chapter shall be applicable to the distribution and allocation of revenues received by the County of San Bernardino subsequent to the effective date of this Chapter. (Ord. 3199, passed - -1987)