CHAPTER
29
A
GENERAL ORDINANCE ESTABLISHING THE DRUG TASK FORCE SEIZED ASSET FUND
WHEREAS, I.C. 34-4-30.1 provides for the forfeiture of property used in certain criminal activities; and
WHEREAS, the Vigo County Drug Task Force as a result of the investigation and prosecution of criminal activities comes into possession if forfeited property, donations and voluntary surrenders of funds and assets from criminal defendants; and
WHEREAS, I.C. 34-4-30.1-4 provides for the deposit in a County fund of such assets derived from the investigation and prosecution of these criminal activities by the Drug Task Force and other law enforcement units; and
WHEREAS, I.C. 34-4-3.01-8 provides for the use of the seized, donated or surrendered assets to cover law enforcement costs as defined therein; and
WHEREAS, I.C. 36-1-3 grants Vigo County home rule powers needed for effective operation of local matters.
NOW THEREFORE, BE IT ORDAINED BY THE VIGO COUNTY COMMISSIONERS OF VIGO COUNTY, INDIANA:
2 – 29.1
There is hereby created a "Drug Task Force Seized Asset Fund" (seized Asset Fund). The Seized Asset Fund shall consist of deposits in the form of proceeds recovered by the Office of the Vigo County Prosecuting Attorney and/or the Vigo County Drug Task Force in forfeiture actions filed pursuant to Indiana Code Sections 34-4-30.1 and 34-4-30.5, liquidation’s of personal or real property obtained from criminal defendants in those actions, donations, and voluntary surrenders of funds and assets from criminal defendants.
2 – 29.1-a The Seized Asset Fund shall be appropriated for funding law enforcement activities conducted by the Vigo County Drug Task Force, local law enforcement agencies and/or other special crime units, and for reimbursement of expenses incurred by the Vigo County Prosecuting Attorney's Office in pursuing forfeiture and RICO actions.
2 – 29.1-b All monies collected under this Section shall be transferred to the County Auditor who shall deposit the monies with the Vigo County Treasurer in the Seized Asset Fund. Disbursement of these monies shall be directed by the Vigo County Prosecutor, subject to the appropriation requirement of subparagraph (c). Monies remaining in the fund at the end of the year shall not revert to any other fund but shall continue in the Seized Asset Fund.
2 – 29.1-c Moneys from this fund shall be subject to appropriation by the Vigo County Council in accordance with Indiana Code 36-2-5-2.
2 – 29.1-d That the funds deposited in the Seized Asset Fund shall be appropriated and used by Vigo County Drug Task Force for its benefit and the benefit of local law enforcement agencies, special crime units and the Vigo County Prosecutor's office to cover the expenses and costs of investigation and prosecution of criminal activity as provided in I.C. 34-4-30.1-8.
2 – 20.2
That in order to facilitate the expenditure and/or distribution by the Vigo County Drug Task Farce of the appropriated monies there is hereby authorized the establishment of a Drug Task Force Seized Asset Fund Checking Account, which may bear interest, to hold the appropriated monies for use or distribution as provided herein by the Vigo County Drug Task Force.
2 – 20.2-a The Vigo County Prosecutor is hereby authorized to place funds appropriated from the Drug Task Force Seized Asset Fund in a NOW account or similar account which may bear interest; the Vigo County Prosecutor shall account to the Auditor of Vigo County, Indiana, for all interest earned on said account; the interest earned shall be kept and retained in said checking account and used for the purpose set forth for the principal sums.
2 – 20.2-b In establishing said checking account, the signature of either the Prosecuting Attorney or his Chief Deputy must be given in order to withdraw fiends from the checking account.
2 – 20.3
This ordinance shall be in full force and effect upon passage and compliance with I.C. 35-2-4-8.
The foregoing was passed by the Vigo County Commissioners this 9th day of December, 1996
Signatory, William J. Decker
Signatory, P. James Diehl
Signatory, C. Joseph Anderson, Jr.
ATTEST: Signatory, Judith A. Anderson, Auditor