Santa Barbara County Municipal Code § 39-6 Quarterly reports

The provisions of Health and Safety Code section 11509 shall be operative within the county.

(Ord. No. 3680, § 1)

The forfeited funds subject to distribution pursuant to section 11489(b)(2)(D) of the Health and Safety Code and which are derived by the county from seizures and forfeitures made pursuant to chapter 8, division 10 of the Health and Safety Code (commencing with section 11470), 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 for the purpose of funding the operations of those organizations.

(Ord. No. 3680, § 1)

"Eligible organization," for the purposes of this chapter means:

(a) 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

(b) Such organization has qualified as exempt from state and federal taxation under the Non-Profit Public Benefit Corporation Laws of the State of California and section 501(c)(3) of the Internal Revenue Code.

(Ord. No. 3680, § 1)

All claims for forfeited funds initiated pursuant to this chapter shall be submitted to the district attorney. 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. No. 3680, § 1)

(a) The district attorney 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 shall issue a written declaration of forfeiture of such funds in an administrative forfeiture proceeding 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 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. No. 3680, § 1)

The district attorney shall report to the board of supervisors at least quarterly the name and address of each nonprofit organization which receives an allocation under this chapter and the amount given to the organization.

(Ord. No. 3680, § 1)

The provisions of this chapter shall be applicable to the distribution and allocation of revenues received by the county subsequent to the effective date of this chapter.

(Ord. No. 3680, § 1)