Mendocino County Grand Jury
• 2009-2010
• Agency Response
Response to:
BRING BACK THE DOG!
Response Form Grand Jury Report Title: Drug Dealers Support Local LAW Enforcement. a Report on Asset Forfeiture. Report*
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Note: Missing finding numbers detected: F21, F29
Findings and Recommendations 30 findings
F2
The primary objective of the Task Force is the prevention of sales and distribution of narcotics and illegal marijuana.
Related Recommendations (1)
R2
The primary objective of the Task Force is the prevention of sales and distribution of narcotics and illegal marijuana.
F3
The primary objective of the County of Mendocino Marijuana Eradication Team, (COMMET), is the eradication of non-medical marijuana.
Related Recommendations (1)
R3
The primary objective of the County of Mendocino Marijuana Eradication Team, (COMMET), is the eradication of non-medical marijuana.
F4
Members of the Task Force and local law enforcement are required to use the Code of Conduct when enforcing the law.
Related Recommendations (1)
R4
Members of the Task Force and local law enforcement are required to use the Code of Conduct when enforcing the law.
F5
California law permits marijuana to be grown for medical purposes. Illegal marijuana grows and sales are a primary source of AF funds.
Related Recommendations (1)
R5
California law permits marijuana to be grown for medical purposes. Illegal marijuana grows and sales are a primary source of AF funds.
F6
The MCDAO is in charge of collection and distribution of AF funds, seized under State law.
Related Recommendations (1)
R6
The MCDAO is in charge of collection and distribution of AF funds, seized under State law.
F7
When cash or property is seized, the owner is advised of his/her right to claim the cash and/or property within 30 days. If no claim is made, the property is forfeited.
Related Recommendations (1)
R7
When cash or property is seized, the owner is advised of his/her right to claim the cash and/or property If no claim is made, the property is forfeited.
F8
If the owner claims the assets and the AF Officer deems the assets ill-gotten, then a civil court case is pursued. It is estimated that more than half of the seizures are claimed. Unclaimed funds of $25,000 or less do not require a court process.
Related Recommendations (1)
R8
If the owner claims the assets and the AF Officer deems the assets ill-gotten, then a civil court case is pursued. It is estimated that more than half of the seizures are claimed. Unclaimed funds of $25,000 or less do not require a court process.
F9
Seized assets may include: cash, bank accounts, autos, coins, jewelry, and other personal and real property.
Related Recommendations (1)
R9
Seized assets may include: cash, bank accounts, autos, coins, jewelry, and other personal and real property.
F10
Cash seized is deposited and held in a trust account until it is either returned to the owner or forfeited.
Related Recommendations (1)
R10
Cash seized is deposited and held in a trust account until it is either returned to the owner or forfeited.
F11
Equipment and vehicles seized are stored until returned to the owner or sold at auction. Other assets are held in evidence rooms.
Related Recommendations (1)
R11
Equipment and vehicles seized are stored until returned to the owner or sold at auction. Other assets are held in evidence rooms.
F12
As provided in the Health and Safety Code §11489(b)(1), the MCDAO shall be reimbursed for all expenditures made or incurred in connection with the sale of property.
Related Recommendations (1)
R12
As provided in the Health and Safety Code §11489(b)(1), the MCDAO shall be reimbursed for all expenditures made or incurred in connection with the sale of property.
F13
The MOU for the Distribution of Seized & Forfeited Funds states that local law enforcement agencies (UPD, WPD, FBPD, MCSO) receive approximately $46 of every $1,000 forfeited. (Appendix A) Findings – Federal vs. State
Related Recommendations (1)
R13
The MOU for the Distribution of Seized & Forfeited Funds states that local law enforcement agencies (UPD, WPD, FBPD, MCSO) receive approximately $46 of every $1,000 forfeited. (Appendix A)
F14
The process for Federal and State AF is different and the funds are separated to prevent co-mingling.
Related Recommendations (1)
R14
The process for Federal and State AF is different and the funds are separated to prevent co-mingling.
F15
When assets are seized under Federal law, the Federal Government retains 20% of the amount for administrative fees, and returns 80% of the funds to the MCSO or finding agency.
Related Recommendations (1)
R15
When assets are seized under Federal law, the Federal Government retains 20% of the amount for administrative fees, and returns 80% of the funds to the MCSO or finding agency.
F16
When the Federal Agents decide not to prosecute, the case may be turned over to the MCDAO.
Related Recommendations (1)
R16
When the Federal Agents decide not to prosecute, the case may be turned over to the MCDAO.
F17
Federally seized equipment, autos, etc. can be purchased for 20% of their value by local law enforcement for agency use. Other assets are sold at auction.
Related Recommendations (1)
R17
Federally seized equipment, autos, etc. can be purchased for 20% of their value by local law enforcement for agency use. Other assets are sold at auction.
F18
Assets seized under State law must be sold at auction, and the net proceeds are returned to the MCDAO for distribution in accordance with the MOU.
Related Recommendations (1)
R18
Assets seized under State law must be sold at auction, and the net proceeds are returned to the MCDAO for distribution in accordance with the MOU.
F19
California Health and Safety Code §11489 states that: AF funds may not be used to supplant expenses in a budget that would ordinarily be incurred, and are not required to be spent on narcotics enforcement.
Related Recommendations (1)
R19
California Health and Safety Code §11489 states that: AF funds may not be used to supplant expenses in a budget that would ordinarily be incurred, and are not required to be spent on narcotics enforcement.
F20
Federal AF funds generally may not be spent for uses that are not approved by the State. 21.AF funds may be spent on law enforcement equipment, vehicles, computers, supplies, salary for a new position for a limited time, overtime pay, training expenses, etc.
Related Recommendations (1)
R20
Federal AF funds generally may not be spent for uses that are not approved by the State. 21.AF funds may be spent on law enforcement equipment, vehicles, computers, supplies, salary for a new position for a limited time, overtime pay, training expenses, etc.
F22
According to their reporting period, (fiscal or calendar), Federal and State AF proceeds were distributed to local law enforcement agencies in 2009, as follows: $ 166,114 MCSO, State FBPD, State $46,913 $0 MCSO, Federal UPD, State $63,893 COMMET, State WPD, State $3,176 $84,096 COMMET, Federal $384,894 Task Force, State $76,839 MCDAO, (10%) $154,743 MCDAO, (33 1/3% $241,744
Related Recommendations (1)
R22
According to their reporting period, (fiscal or calendar), Federal and State AF proceeds were distributed to local law enforcement agencies in 2009, as follows: $ 166,114 MCSO, State FBPD, State $46,913 $0 MCSO, Federal UPD, State $63,893 COMMET, State WPD, State $3,176 $84,096 COMMET, Federal $384,894 Task Force, State $76,839 MCDAO, (10%) $154,743 MCDAO, (33 1/3% $241,744
F23
Some recent AF funds have been used to purchase vehicles, a fork lift, radios and related equipment, to upgrade property and evidence room equipment, electronics and software, a microwave communication system and equipment, officer overtime, and a Bear Cat rescue vehicle, (with matching funds from a Homeland Security Grant).
Related Recommendations (1)
R23
Some recent AF funds have been used to purchase vehicles, a fork lift, radios and related equipment, to upgrade property and evidence room equipment, electronics and software, a microwave communication system and equipment, officer overtime, and a Bear Cat rescue vehicle, (with matching funds from a Homeland Security Grant).
F24
Other permissible uses of AF funds include training, storage rent, and donations to local non-profits.
Related Recommendations (1)
R24
Other permissible uses of AF funds include training, storage rent, and donations to local non-profits.
F25
Permissible uses of Federal funds are restricted to law enforcement for investigations, training, detention facilities, equipment, travel and transportation, awards and memorials, drug and gang education and awareness programs, matching funds, pro-rata funding for asset fund accounting and tracking, language assistance services, transfers to other law enforcement agencies, and support of community-based programs.
Related Recommendations (1)
R25
Permissible uses of Federal funds are restricted to law enforcement for investigations, training, detention facilities, equipment, travel and transportation, awards and memorials, drug and gang education and awareness programs, matching funds, pro-rata funding for asset fund accounting and tracking, language assistance services, transfers to other law enforcement agencies, and support of community-based programs.
F26
Impermissible Federal uses of funds are: a. use of forfeited property by non-law enforcement personnel, b. payment of education related costs, for non-law enforcement classes, c. uses contrary to the law of the State or local jurisdictions, d. non-official government use of shared assets, e. to make permanent improvements on the property of others. f. salaries are impermissible except for: express statutory authorization, ٠ overtime for officers and investigators, new positions and temporary or not to exceed 1 year appointments, ٠ salary of an officer hired to replace an officer assigned to a Task Force, ٠ specialized programs.
Related Recommendations (1)
R26
Impermissible Federal uses of funds are: a. use of forfeited property by non-law enforcement personnel, b. payment of education related costs, for non-law enforcement classes, c. uses contrary to the law of the State or local jurisdictions, d. non-official government use of shared assets, e. to make permanent improvements on the property of others. f. salaries are impermissible except for: express statutory authorization, ٠ overtime for officers and investigators, new positions and temporary or not to exceed 1 year appointments, ٠ salary of an officer hired to replace an officer assigned to a Task Force, ٠ specialized programs.
F27
On March 31, 2010, the balances of accumulated and unspent AF monies for the following County accounts were: MCDAO $886,563 COMMET, State $39,643 MCSO, State $414,599 COMMET, Federal $617,135 MCSO, Federal $577 Findings - LEAA
Related Recommendations (1)
R27
On March 31, 2010, the balances of accumulated and unspent AF monies for the following County accounts were: MCDAO $886,563 COMMET, State $39,643 MCSO, State $414,599 COMMET, Federal $617,135 MCSO, Federal $577
F28
The LEAA Board consists of the Mendocino County Sheriff, the three Chiefs of Police (Willits, Ukiah, and Fort Bragg), Mendocino County District Attorney, and the MCDAO Chief of Detectives, the Mendocino County Chief Probation Officer, the Commander of the Highway Patrol, and the Commander of the Task Force. The Chair of the LEAA Board is elected by the Board members. 29.AF funds distributed to the LEAA are for the sole purpose of funding programs to combat drug abuse, anti-gang programs, and for educators, parents, community organizations and local businesses to involve their interest in the programs.
Related Recommendations (1)
R28
The LEAA Board consists of the Mendocino County Sheriff, the three Chiefs of Police (Willits, Ukiah, and Fort Bragg), Mendocino County District Attorney, and the MCDAO Chief of Detectives, the Mendocino County Chief Probation Officer, the Commander of the Highway Patrol, and the Commander of the Task Force. The Chair of the LEAA Board is elected by the Board members. 29.AF funds distributed to the LEAA are for the sole purpose of funding programs to combat drug abuse, anti-gang programs, and for educators, parents, community organizations and local businesses to involve their interest in the programs.
F30
Contradictory to Health & Safety Code, LEAA funds are distributed annually by the MCDAO. California Health and Safety Code §11489(b) requires these funds to be distributed quarterly.
Related Recommendations (1)
R30
Contradictory to Health & Safety Code, LEAA funds are distributed annually by the MCDAO. California Health and Safety Code §11489(b) requires these funds to be distributed quarterly.
F31
The last LEAA distribution studied by the GJ was paid in May 2009, in the amount of $32,500 to each of the following: MCSO, FBPD, UPD, and WPD.
Related Recommendations (1)
R31
The last LEAA distribution studied by the GJ was paid in May 2009, in the amount of $32,500 to each of the following: MCSO, FBPD, UPD, and WPD.
F32
In 2009, LEAA funds were used for various programs, including the Police Activity Program, National Child Safety Council, Nuestra Allianza, Kid's Club, AODP/GRIP Program, Mendocino Juvenile Drug Court, after-school soccer programs, Big Brothers Big Sisters, Teen Peer Court, Ukiah Dolphins, Little League, Girl Scouts, Sober Graduation, YES Camp, and Manzanita Services/Healing Hands.
Related Recommendations (1)
R32
In 2009, LEAA funds were used for various programs, including the Police Activity Program, National Child Safety Council, Nuestra Allianza, Kid's Club, AODP/GRIP Program, Mendocino Juvenile Drug Court, after-school soccer programs, Big Brothers Big Sisters, Teen Peer Court, Ukiah Dolphins, Little League, Girl Scouts, Sober Graduation, YES Camp, and Manzanita Services/Healing Hands.
F33
MCDAO does not receive LEAA funds. In 2009, the MCDAO used AF funds to donate $73,472 to local programs and non-profit organizations.
Related Recommendations (1)
R33
MCDAO does not receive LEAA funds. In 2009, the MCDAO used AF funds to donate $73,472 to local programs and non-profit organizations. Recommendations The Grand Jury recommends that:
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.