Score: 0 (1/2/1)

Santa Cruz County Grand Jury • 2016-2017

Very Civil Asset Forfeiture in Santa Cruz County

Published: May 03, 2016 4 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 6 findings

F1

The District Attorney's Office does not currently provide an annual summary of the disposition of civil asset forfeitures.

Related Recommendations (2)

R1

The Santa Cruz County District Attorney’s Office should include an annual summary of civil asset forfeitures on their website. (F1)

R2

Such a report should include a chart similar to the table 2014 Civil Asset Forfeiture Process Summary above. (F1)

F2

The Sheriff and prosecuting authorities are following the letter and spirit of the law.

No recommendations for this finding

F3

The District Attorney’s Office and the Sheriff’s Office are following strict accounting procedures in managing the process.

No recommendations for this finding

F4

Property due to be returned was released in a timely and fair manner.

No recommendations for this finding

F5

Proper escrow procedures were followed.

No recommendations for this finding

F6

There is no incentive to abuse the program to supplement salaries and benefits, since none of the retained funds are used for salaries or benefits in the Santa Cruz County Sheriff’s Office.

No recommendations for this finding

Commendations 1

CM1 Page 2

C1. The Grand Jury commends the quality of the process followed by the District Attorney’s Office and the Sheriff’s Office. C2. The Grand Jury found that the District Attorney’s Office and Sheriff’s Office are treating the return of assets to parties as directed, and it is being done intelligently, with care, compassion, and a focus on timeliness.

Agency Responses 1

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

Santa Cruz County District Attorney

August 01, 2016 • 6 pages • 8 responses • Score: 0 (+1, 2, -1) View Details ▾

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8 responses to findings and recommendations

F1

The District Attorney's Office does not currently provide an annual summary of the disposition of civil asset forfeitures.

Response: Agree Score: +1

R1

The Santa Cruz County District Attorney’s Office should include an annual summary of civil asset forfeitures on their website. (F1)

Response: Will Not Implement

Score: -1

This Grand Jury investigation found that, with regard to asset forfeiture, the DA's Office follows both the letter and spirit of the law, adheres to strict accounting principles and returns property in a timely manner when called for. With that as background, posting a summary table of asset forfeitures on the District Attorney's Office website with no context or detail would be of little use to the public and have the potential to be misleading. Additionally, this information is already available via the CA Attorney General's website.

F2

The Sheriff and prosecuting authorities are following the letter and spirit of the law.

Response: Unknown Score: 0

R2

Such a report should include a chart similar to the table 2014 Civil Asset Forfeiture Process Summary above. (F1)

Response: Implemented

Score: 0

. Such a report should include a chart similar to the table 2014 Civil Asset Forfeiture Process Summary above [on page 2 of the report]. (F1) HAS BEEN IMPLEMENTED - summarize what has been done HAS NOT BEEN IMPLEMENTED BUT WILL BE IMPLEMENTED IN THE FUTURE - summarize what will be done and the timeframe REQUIRES FURTHER ANALYSIS - explain scope and timeframe (not to exceed six months) x WILL NOT BE IMPLEMENTED - explain why Response explanation, summary, and timeframe: Please see previous answer. Respond by August 1, 2016 Page 5 of 6 Penal Code § 933.05 1. For Purposes of subdivision (b) of §...

F3

The District Attorney’s Office and the Sheriff’s Office are following strict accounting procedures in managing the process.

Response: Unknown Score: 0

F4

Property due to be returned was released in a timely and fair manner.

Response: Unknown Score: 0

F5

Proper escrow procedures were followed.

Response: Unknown Score: 0

F6

There is no incentive to abuse the program to supplement salaries and benefits, since none of the retained funds are used for salaries or benefits in the Santa Cruz County Sheriff’s Office.

Response: Disagree Partially Score: 0

the disposition of civil asset forfeitures. x AGREE PARTIALLY DISAGREE - explain the disputed portion DISAGREE - explain why Response explanation (required for a response other than Agree): Respond by August 1, 2016 Page 3 of 6 Recommendations R1.