(A) A non-reverting fund known as the Racketeer Influenced and Corrupt Organizations (RICO) Fund is hereby established in the town.
(B) The fund is not subject to the appropriation procedures set forth in IC 36-5-3-1 et seq.
(C) Property forfeited to the Chief of Police pursuant to IC 34-24-1 et seq. shall be deposited in the town RICO Fund as determined by court order.
(D) The Chief of Police may make claims against this fund to defray costs and expenses incurred as an aggrieved person in the prosecution of the violation of IC 35-45-6-2 as determined by court order.
(E) The monies received into this fund shall be used to pay claims to offset actual expenses incurred in the prosecution of the RICO violations and other reasonably related law enforcement activities which fall within the scope of the court order.
(F) The RICO fund shall be a non-reverting fund and shall continue and remain in existence until terminated by subsequent ordinance enactment.
(G) Upon termination of this fund by subsequent ordinance the monies may be transferred to the town general fund and/or to such other appropriate fund, reverting or non-reverting, which may be in existence at the time of the termination of this fund and which is specified in the subsequent ordinance enacted.
(H) The monies received into the RICO fund shall be specifically limited to property and/or proceeds received as a result of the seizure of property and/or the recovery of damages under IC 34-24-1 et seq. and the monies held in this fund shall be segregated from all other funds and shall not be commingled with other monies received by the town.
(I) The RICO fund shall not receive monies from the Town General Fund.
(J) All claims for disbursements from the RICO fund shall be made by submitting an appropriate claim form to the Clerk-Treasurer of the town, which claim shall have sufficient documentation attached thereto to demonstrate that the disbursement is qualified under the provisions of this section and not in contradiction of or in violation of any court order.
(Ord. 1991-8, passed 6-12-91)