(a) In the department of police, the Chief of Police must administer the Drug Enforcement Forfeitures Fund (hereinafter the Fund).
(b) The County Executive or a designee must deposit in the Fund all money that is forfeited to the County under state law as drug-related contraband. Forfeited money may include cash and:
(1) proceeds from the sale of real property;
(2) criminal proceeds;
(3) proceeds from the sale of means of transport, including vehicles, boats, and airplanes;
(4) personal property, including financial instruments;
(5) funds turned over to the county by other government agencies through drug enforcement asset sharing procedures; and
(6) any other funds to which the county is entitled as the result of drug forfeiture proceedings.
(c) (1) The Chief of Police must use the Fund for expenses related to enforcement of laws regarding controlled dangerous substances. These expenses may include:
(A) drug prevention and treatment programs;
(B) Drug Court operations and programs;
(C) payments to informants;
(D) purchase or lease of equipment; and
(E) any other expense related to enforcement of laws regarding controlled dangerous substances.
(2) (A) The Chief of Police may transfer funds to another law enforcement agency if the other law enforcement agency initiated the forfeiture proceeding or was significantly involved in the arrest or investigation leading to the forfeiture.
(B) The Chief of Police must transfer to the Maryland-National Capital Park Police all funds in the Fund that result from any arrest in any park under the Commission’s jurisdiction if the arrest was initiated by the Park Police and another law enforcement agency was not involved in the arrest or investigation.
(d) The money in the Fund:
(1) is subject to audit by the Executive; and
(2) must be included and identified in any financial report of the Department.
(e) The Chief of Police must provide 2 reports on the Fund to the Executive and Council as follows:
(1) On March 15, a report including:
(A) the beginning unreserved balance for the current fiscal year;
(B) actual expenditures from July 1 to February 28 of the current fiscal year;
(C) the projected expenditures for the remainder of the current fiscal year;
(D) all deposits from forfeitures between July 1 and February 28 of the current fiscal year; and
(E) the projected year end balance for the current fiscal year; and
(2) On December 15, a report including:
(A) the actual beginning unreserved balance for the current fiscal year;
(B) Fund approved budget by category;
(C) all deposits from forfeitures from July 1 to November 30 in the current fiscal year; and
(D) the current balance as of November 30.
(f) The Executive may adopt regulations under method (2) to implement this section. (1986 L.M.C., ch. 34, § 1; 1989 L.M.C., ch. 37, § 1; 1990 L.M.C., ch. 20, § 1; 1993 L.M.C., ch. 40, § 1; 2009 L.M.C., ch. 28, § 1; 2010 L.M.C., ch. 49, § 1.)
Editor’s note—See County Attorney Opinion dated 1/6/03 recognizing the ability of the police department to use the drug enforcement forfeiture fund to purchase weapons.