HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/21/2002 - SECOND READING OF ORDINANCE NO. 067, 2002, APPROPR AGENDA ITEM SUMMARY ITEM NUMBER: g
FORT COLLINS CITY COUNCIL DATE: May 21, 2002
FROM:
Tom McLellan
SUBJECT:
Second Reading of Ordinance No. 067, 2002, Appropriating Prior Year Reserves in the General
Fund for Police Seizure Activity.
0 RECOMMENDATION:
Staff and the statutory Forfeiture Committee recommend adoption of the Ordinance on Second
Reading.
EXECUTIVE SUMMARY:
Nearly 100 years ago, Colorado law created a process for the seizure of illegal contraband used in
or gained from criminal activity. The intent is to deter crime and to have criminals help defray the
costs of policing.
State statutes specify that the proceeds from such seizures are to be used for law enforcement
purposes,and require that the governing body(City Council)of the seizing agency(Police Services)
appropriate these proceeds to supplement the seizing agency's budget or forfeit the proceeds to the
general fund of the State of Colorado. The Colorado Supreme Court and United States Supreme
Court have consistently upheld the constitutionality of these statutes. This Ordinance was
unanimously adopted on First Reading on May 7, 2002.
AGENDA ITEM SUMMARY ITEM NUMBER: 14
FORT COLLINS CITY COUNCIL DATE: May 7, 2002
STAFF: Tom McLellan
SUBJECT:
First Reading of Ordinance No.067,2002,Appropriating Prior Year Reserves in the General Fund
for Police Seizure Activity.
iRECOMMENDATION:
Staff and the statutory Forfe re Conitittee c end a ption of the Ordinance on First
Reading.
i
FINANCIAL IMPACT:
This Ordinance appropriates $40,930 into the Police Services budget. This amount represents
money awarded by the courts in 2001 and held in a General Fund restricted reserve account awaiting
appropriation.
Some of the funds will be usciu
Servi s pecial rchases of training, services, and
commodities to enhance the q e . The nder will be used in partnership
with a variety of community groups to fund prevention programs for youth, anti-violence, and
diversity issues.
EXECUTIVE SUMMARY:
Nearly 100 years ago, Colorado law created a process for the seizure of illegal contraband used in
i or gained from criminal activity. The intent is to deter crime and to have criminals help defray the
costs of policing.
State statutes specify that the ocee s om c eizures to be used for law enforcement
purposes,and require that the governing boy City ouncil)o e seizing agency(Police Services)
appropriate these proceeds to supplement the seizing agency's budget or forfeit the proceeds to the
general fund of the State of Colorado. The Colorado Supreme Court and United States Supreme
Court have consistently upheld the constitutionality of these statutes.
Checks and Balances:
Colorado statutes also create a Forfeiture Committee consisting of the Mayor,District Attorney and
Chief of Police. The Committee oversees and approves the seizure budget and spending decisions
• made by the Chief of Police. The local Forfeiture Committee met on February 19, 2002, and
approved the 2002 Seizure Fund budget.
may 7, 2002
DATE: ITEM NUMBER: 14
All seizures are approved in advance by the Commander of the Investigations Division. Seizures
are based upon articulated probable cause, not mere suspicion. They are reviewed by the District
Attorney's asset forfeiture specialist, and are always accompanied by criminal charges.
A judge approves each filing as demonstrating probable cause and being in compliance with the
seizure statute. The defendant is served with a written notice, including an affidavit detailing the
probable cause and a clear advisement of legal rights and procedures for exercising due process.
The defendant is entitled to both a preliminary hearing on the criminal charges and a civil trial
concerning the seizure and forfeiture action.
Police Services maintains a Che
ri e i eizures, which requires close
tracking and careful docume hie f OR is my Fort Collins Police Services
Officer with authority to spe fun actions the Chief of Police are approved
by the Forfeiture Committee
Staff is confident that it demonstrates exceptional care,responsibility,and fairness in these matters.
The Larimer County District Courts have consistently upheld the activities of Fort Collins Police
Services in seizing crime-related property whenever such seizures have been challenged in civil
court proceedings.
Two documents are attached. The first is the "2001 Annual Seizure Fund Report," outlining the
2001 seizure fund expenditures 'n om e dXculinemushows the 2002 budget,which
has been approved by the Forfe tt dws a breakdown of anticipated
expenditures for 2002, if the ropriat is a