(A) (1) There is hereby created a Law Enforcement Fund and Law Enforcement Fund Reserve.
(2) The Funds shall consist of deposits in the form of restitution from criminal defendants, other law enforcement related fees, proceeds from forfeiture actions, and liquidation of seized property (real and personal) recovered by the office of the County Prosecuting Attorney, which are not required to be deposited into the county General Fund.
(B) Funds in excess of $100,000 deposited in the Law Enforcement Fund shall be distributed in accordance with I.C. 34-24-1-1 and 34-24-1-5.
(C) Money from the Law Enforcement Fund shall be subject to I.C. 36-2-5-2.
(D) All money collected under this Section shall be transferred to the County Auditor who shall:
(1) Deposit the first $100,000 into the Law Enforcement Fund;
(2) Disburse the money in the Law Enforcement Fund, not in excess of $100,000, as the Prosecuting Attorney directs;
(3) Deposit all money in excess of the first $100,000 into the Law Enforcement Fund Reserve; and
(4) Disburse the money in the Law Enforcement Fund Reserve as the County Council directs.
(E) (1) The Prosecuting Attorney shall have discretion to direct the County Auditor to distribute, for law enforcement purposes, money in the Law Enforcement Fund.
(2) When the money in the Law Enforcement Fund is less than $100,000, the Prosecuting Attorney shall request the County Council to direct the County Auditor to transfer money from the Law Enforcement Fund Reserve to return to the Law Enforcement Fund in an amount equal to the difference between the balance of the Law Enforcement Fund and $100,000.
(F) Money in the Law Enforcement Fund and the Law Enforcement Fund Reserve at the end of the fiscal year does not revert to any other fund, but shall remain in these Funds.
(`88 Code, § 2-168) (Ord. 91-8, passed 5-20-91; Am. Ord. 97-22, passed 9-9-97)
Cross-reference:
Sheriff’s Department, see § 32.006