ORDINANCE NO. 652
AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO
THE DISCLOSURE TO NON‑PROFIT ORGANIZATIONS
OF FUNDS FROM FORFEITURE AND SEIZURES
REPEALED
The
Board of Supervisors of the County of Riverside Ordains as Follows:
Section 1. The provisions of Health and Safety Code
Section 11509 shall be operative within the County of Riverside.
Section 2. Forfeited funds subject to distribution
pursuant to Health and Safety Code Section 11489 (b) (2) (D) and which are
derived from seizures and forfeitures made pursuant to Article 8 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 non‑profit
organizations established for the purpose of aiding those seizures and
forfeitures, shall be allocated to eligible organizations in accordance with
the provisions of this ordinance.
Section 3. "Eligible organization" for the
purposes of this ordinance means an organization (1) 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) which 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.
Section 4. All claims for
forfeited funds initiated pursuant to this ordinance shall be submitted to the
District Attorney. Such claims shall be
accompanied by a written statement, prepared by the investigating officer or
asset forfeiture officer of the law enforcement agency seizing such funds,
stating that:
1.
The information provided by the
claimant organization was specific and factual;
2.
The information provided was received
and utilized by the law enforcement agency; and
3.
The receipt of such information
resulted in the seizure of the forfeited funds for which the claim is made.
Section 5.
A. The District Attorney shall allocate and
distribute forfeited funds pursuant to statute and in accordance with the
provisions of this ordinance, except that:
1. No allocation shall be made to an
organization other than an eligible organization as defined in the ordinance;
2. No forfeited funds shall be distributed
pursuant to this ordinance until either of the following conditions have been
met:
a) The Superior Court has issued an order
of forfeiture and judgment of such funds in a judicial proceeding, or;
b) The Attorney General of the State of
California or the District Attorney shall have issued a written declaration of
forfeiture of such funds in an administrative forfeiture proceeding as
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.