§ 19-2-104. LAW ENFORCEMENT FORFEITED PROPERTY DEPOSIT ACCOUNT.

(a)

Established. There is a law enforcement forfeited property deposit account within the general fund.

(b)

Funding.

(1)

All money received by the county under the Department of Justice program for the disposition of seized and forfeited property shall be credited to the account.

(2)

All personal property received by the county under the Department of Justice program shall be transferred to the Police Department or the investigative division of the county State's Attorney's Office for its use for law enforcement purposes or disposed of under normal procedures for the disposition of unclaimed property, and the net proceeds shall be credited to the account.

(c)

Use of money.

(1)

All money received by the county shall be deposited in the account for use solely by the Police Department or the investigative division of the county State's Attorney's Office for its use for law enforcement purposes.

(2)

The money shall be accumulated in the account until a supplemental appropriation is made to a special account in the gifts and grants funds for use by the Department or the State's Attorney's Office.

(d)

Money to be used in proportion to the effort to secure it.

(1)

The money deposited in the account shall be shared by the Police Department and the State's Attorney's Office in accordance with the effort and resources applied to the event that produced the money or property.

(2)

In making the apportionment, consideration shall also be given to the comparative law enforcement benefits of the proposed use.

(3)

Each agency shall be advised of a requested appropriation, and if a dispute arises between the agencies, it shall be referred to the County Administrative Officer for resolution.

(e)

Not a source of financing for operating budget. Money deposited in the account may not be used as a source of financing for the annual current expense operating budget of the Police Department or the State's Attorney's Office.

(1988 Code, § 27-44) (Bill No. 47-96, § 16, 7-1-1996; Bill No. 96-00, § 2, 7-1-2004)