(A) There is hereby created a Law Enforcement Fund. The fund shall consist of deposits in the form of cash assets obtained pursuant to forfeiture proceedings and other law enforcement related seizures recovered by the Office of the County Prosecuting Attorney. No criminal defendant will receive a reduced sentence as a result of the forfeiture of any assets.
(B) The purpose of the Law Enforcement Fund shall be the maintenance of money for acquisition of equipment and services necessary to assist law enforcement agencies in carrying out their law enforcement functions, in the official course of their duties in the county.
(C) The County Prosecuting Attorney shall, when deemed appropriate, initiate forfeiture proceedings to recover assets seized by law enforcement agencies in the county, unless a federal adoption of forfeitable property is sought pursuant to I.C. 34-24-1-9.
(D) If the County Prosecuting Attorney obtains a court order authorizing the forfeiture of seized property pursuant to a default judgment or judgment following a contested hearing, pursuant to I.C. 34-24-1-3 or I.C. 34-24-1-4, any law enforcement costs (as defined by I.C. 34-6-2-73) owed to the County Prosecutor’s Office shall be deposited into the Law Enforcement Fund.
(E) In all cases where ownership of seized cash in an amount over $500 is obtained by the County Prosecuting Attorney pursuant to a plea agreement or agreed order, the seizing agency will receive 50% of all cash assets recovered for which that agency was responsible.
(1) The County Prosecuting Attorney’s Office will receive the remaining 50% of recovered cash assets.
(2) When more than one agency is involved as the seizing agency, 50% of all the cash assets recovered will be distributed to the County Prosecuting Attorney’s Office, and the remaining 50% will be distributed equally among the seizing agencies. Any amount of money of $500 or less obtained pursuant to this division (E) shall be deposited directly into the Law Enforcement Fund.
(3) Any seizing law enforcement agency may elect to forego their share of seized assets, and divest their interest in said assets in favor of the County Prosecuting Attorney’s Office, by submitting a written statement of said election, executed by a sworn law enforcement officer from the department, to the County Prosecuting Attorney.
(F) The County Prosecuting Attorney, as the Chief Law Enforcement Officer of the county, shall have authority to decide which equipment requests to fund from the Law Enforcement Fund. Any equipment purchased from monies contained in the Law Enforcement Fund shall be the property of the County Prosecuting Attorney. Said equipment may be loaned to other law enforcement agencies for law enforcement activities in the county, at the discretion of the County Prosecuting Attorney.
(G) The County Prosecuting Attorney shall keep records of deposits and expenditures to and from the Law Enforcement Fund, the source of the deposits, and the items purchased from monies in this fund.
(H) Monies and funds in the Law Enforcement Fund shall be appropriated for expenditure by the County Council to the extent required by state law.
(I) The Law Enforcement Fund shall be non-reverting in nature and disbursements therefrom shall be pursuant to a claim submitted to, and approved by, the Board of Commissioners, for the purchase of equipment and services necessary to assist law enforcement agencies in carrying out their law enforcement functions, in such sums as are reasonably requested by the Prosecuting Attorney, and as are approved by the Board from time to time.
(Ord. 15-2002, passed 11-7-2002)