(a) If the contraband or instrumentality forfeited under Section 141.07 is sold, any monies acquired from the sale and any proceeds forfeited under this section shall be applied in the following order:
(1) First, to pay costs incurred in the seizure, storage, maintenance, security, and sale of the property in the forfeiture proceeding;
(2) Second, in a criminal forfeiture case, to satisfy any restitution ordered to the victim of the offense, or, in a civil forfeiture case, to satisfy any recover ordered for the person harmed, unless paid from other assets;
(3) Third, to pay the balance due on any security interest preserved under Chapter 2981 of the Ohio Revised Code;
(4) Fourth, apply the remaining amounts as follows:
A. If the forfeiture was ordered by a Juvenile Court, ten percent (10%) to one or more certified alcohol and drug addiction treatment programs as provided in Ohio R.C. 2981.12(D);
B. If the forfeiture was ordered in a Juvenile Court ninety percent (90%), and if the forfeiture was ordered in a court other than a Juvenile Court, twenty-five percent (25%) to the law enforcement trust fund of the Prosecutor and, if the Greenfield Police Department is the law enforcement agency that substantially conducted the investigation resulting in the forfeiture, to the law enforcement trust fund established by this Resolution. If the Prosecutor declines to accept the proceeds of a sale of forfeited property in a matter in which the Greenfield Police Department did not substantially conduct the investigation resulting in the forfeiture, and chooses to allocate those amounts to the Greenfield Police Department, those amounts shall be applied to the law enforcement trust fund established by this section.
(b) A law enforcement trust fund is hereby established pursuant to Ohio R.C. 2981.13(C)(1).
(c) The Police Department is authorized and directed to adopt a written internal control policy that addresses the use of monies received under this section. These monies shall be expended only in accordance with that policy and subject to the requirements of this section. These monies shall be expended only for the following purposes:
(1) To pay the cost of protracted or complex investigations or prosecutions;
(2) To provide reasonable technical training or expertise;
(3) To provide matching funds to obtain federal grants to aid law enforcement, in the support of DARE programs or other programs designed to educate adults or children with respect to the dangers associated with the use of drugs of abuse.
(4) To pay the cost of emergency action taken under Ohio R.C. 3745.13 relative to the operation of an illegal meth amphetamine laboratory if the forfeited property or money involved was that of a person responsible for the operation of the laboratory;
(5) For other law enforcement purposes that the Greenfield Chief of Police determines to be appropriate.
(d) The Greenfield Police Department shall file a report with the Village Council, not later than the 31st day of January of the next calendar year, verifying that the monies expended during the previous calendar year were expended only for the purposes authorized by this section and specifying the amounts expended for each authorized purpose.
(Res. 14-14. Passed 6-18-14.)