Chapter 51: Forfeiture Procedures

§ 51-1 State law forfeiture: equitable sharing.

After a judicial determination of forfeiture under the laws of this state, or where a criminal defendant in a state court action agrees to forfeit certain assets to the District Attorney as part of a plea arrangement, all forfeited property shall be disposed of in accordance with the provisions of § 1349 of the Civil Practice Law and Rules. In regard to the proceeds of such forfeiture, or of any other forfeiture governed by § 1349 of the Civil Practice Law and Rules, such proceeds as must be deposited in the general fund of the County of Monroe, whether or not for a law enforcement purpose, shall be disposed of in accordance with Subsections B and C hereof. No other disposition shall be made except by amendment to this chapter.

The entire proceeds of any forfeiture described in Subsection A hereof shall be deposited in the general fund of the County of Monroe as required by § 1349 of the Civil Practice Law and Rules. A percentage, not to exceed 10% thereof, shall be retained in the general fund of the County of Monroe and may be expended for any lawful county purpose given the availability of appropriations in the general fund to support the expenditure. The balance of the proceeds of any such forfeiture shall be paid from budgeted appropriations to the general fund of the parent municipality of the law enforcement agency which effected the seizure pursuant to a formal written request of that municipality which certifies that no other municipality or law enforcement agency and no person specified in § 1349 of the Civil Practice Law and Rules [Subdivision 2(a) or (b) or (c)] has an interest in the equitable sharing of such proceeds, and provided further that such municipality shall certify to the Commissioner of Public Safety and Judicial Services that it will apply such funds to augment the annually budgeted resources of such law enforcement agency. In the case of a written request of a law enforcement agency unaccompanied by a request from its parent municipality, such law enforcement agency must certify to the Commissioner that it has lawful authority to receive money directly from the County of Monroe under state law or the local law of the parent municipality, and it must provide evidence thereof and the name of the responsible fiscal officer to whom payment is to be made. In the case of the Sheriff of Monroe County or the Monroe County District Attorney, upon the filing of a written request with the Commissioner as provided in this subsection, and given the availability of budgeted appropriations, such proceeds shall be made available to the Sheriff or the District Attorney as the case may be to be expended for law enforcement purposes. In the case of the District Attorney, such request for equitable sharing shall be based on the investigative effort expended by District Attorney personnel, not the litigation effort.

Disputes. When two or more municipalities or law enforcement agencies file a written request with the Commissioner for equitable sharing of the proceeds of forfeiture, the Commissioner shall abide by the terms of any agreement between the requesting municipalities or agencies, and the county shall make payment accordingly, if the conditions for equitable sharing set forth in Subsection B hereof are satisfied. In the event there is no such agreement, the Commissioner shall bring to the attention of the Asset Forfeiture Equitable Sharing Committee, established pursuant to Subsection D of this section, all such relevant requests. The Committee shall then make a determination respecting the appropriate equitable shares of each requesting agency. Payment shall then be made by the county, without unreasonable delay. The equitable share to each requesting agency shall be based generally on the relative contributions of such agency participating directly in any of the acts which lead to the seizure or forfeiture of the property. Any litigation effort shall be excluded.

Asset Forfeiture Equitable Sharing Committee. A Committee is hereby established for the specific and limited purpose of resolving disputes concerning the equitable sharing of the proceeds of assets forfeited under state law. The Committee shall consist of five members: the Monroe County Commissioner of Public Safety, who shall serve as Chairman, the Sheriff and District Attorney of Monroe County, the Rochester Police Chief and a representative of local chiefs of police whose agencies have participated in a seizure of assets. The representative of the local chiefs of police shall be chosen by the Commissioner of Public Safety. The Committee shall meet from time to time as required to settle disputes between agencies competing for the equitable sharing of the proceeds of forfeiture. The Committee shall encourage such agencies to settle their disputes amicably without the necessity of a formal determination of the Committee. In the event no conciliation is possible, the Committee shall resolve the dispute in accordance with the procedures and formula for equitable sharing set forth in Subsection C of this section.

The Controller shall make quarterly reports to the Commissioner of Public Safety of all receipts and payments made pursuant to this section and shall include a full accounting of the proceeds of forfeiture received, by transaction, and of itemized payments made pursuant thereto. The Controller and the Asset Forfeiture Equitable Sharing Committee shall comply with any state law hereinafter enacted regarding reporting to the Division of Criminal Justice Services.

§ 51-2 Federal law forfeiture: Asset Forfeiture Fund.

The Sheriff of Monroe County and the Monroe County District Attorney are hereby authorized to make and shall apply, where appropriate, to the United States Attorney General for the equitable sharing of assets seized and forfeited under the provisions of federal law. Such application shall be made pursuant to any procedures prescribed for such application then in effect. The Sheriff and the District Attorney are hereby authorized to accept the equitable transfer of assets seized and forfeited under federal law. Acceptance by the Sheriff and the District Attorney of such equitable transfer of the proceeds of forfeiture shall not result in an offset of the annual budgetary appropriation to the Sheriff's Department or the office of the District Attorney, but rather shall constitute an increase in resources.

The entire proceeds of any forfeiture described in Subsection A hereof shall be deposited in the general fund of the County of Monroe. The entire amount may then be expended for a law enforcement purpose, given the availability of appropriations in the general fund to support the expenditure. The Controller shall make quarterly reports to the Commissioner of Public Safety of all receipts and payments made pursuant to this section and shall include a full accounting of the proceeds of forfeiture received, by transaction, and of itemized payments made pursuant thereto.

Description of revenues appropriated to Asset Forfeiture Fund. The moneys described in Subsections A and B of this section shall be limited to the revenue obtained from favorable action on applications to the Attorney General for equitable sharing of assets seized and forfeited under federal law, and any amounts relating to a state law forfeiture transferred pursuant to Subsection B of § 51-1 of this chapter. However, if the District Attorney or the Sheriff participates in a statewide or other cooperative law enforcement effort which involves federal agencies and employs the federal statutes governing asset forfeiture, the Sheriff or the District Attorney, as the case may be, shall apply for and accept the equitable transfer of forfeited assets in accordance with the agreements governing such cooperative law enforcement efforts, in which case the moneys appropriated into the fund described in Subsection B of this section shall be increased by the amount of equitable transfers procured pursuant to such agreements. All such moneys shall augment the resources of the Sheriff and the District Attorney as provided in Subsection A of this section.

The Sheriff and the District Attorney shall comply with any reporting requirements set forth in federal and state law relating to asset forfeiture.

§ 51-3 Appropriations.

The County Executive shall include in each annual budget an appropriation which anticipates revenue from asset forfeitures under state or federal law as set forth in this chapter and which authorizes the expenditure of such sums as set forth herein. If such appropriations are not expended during the fiscal year in which they are received, such funds shall be treated as a reservation of fund balance at fiscal year end and the County Executive shall be authorized to reappropriate such reserved funds in the ensuing fiscal year. If such funds remain unexpended at the end of such ensuing fiscal year, they will again be treated as a reservation of fund balance and be reappropriated in the same manner as herein set forth. Such appropriation shall, with respect to the proceeds of forfeited assets governed by Subsection B of § 51-2 of this chapter, augment the resources of the Sheriff's and the District Attorney's normally budgeted resources and shall not constitute an offset thereof. If forfeiture proceeds exceed the budgeted appropriation, the disposition of such unanticipated revenue shall be governed by the County Charter and Administrative Code.