Amendment ID: S2944-10-R2

2nd Redraft Amendment 10

Keeping Funds Accessible

Mr. Keenan, Ms. Gobi, Messrs. Moore, Finegold and Timilty, Ms. Moran, Ms. Comerford, Ms. Rausch, Ms. Edwards, Messrs. Feeney, Crighton, Tarr, Brady, Velis, Collins, Rush and O'Connor, Ms. DiZoglio and Messrs. Fattman and Pacheco move that the proposed new draft be amended in section 1, in proposed subsection (d) of section 47, by striking out the last paragraph and inserting in place thereof the following 3 paragraphs:-

“The final order of the court shall provide that forfeited money and the proceeds of any sale under this subsection shall be distributed equally between the prosecuting district attorney or attorney general and the city, town or state police department involved in the seizure. If more than 1 police department were substantially involved in the seizure, the court having jurisdiction over the forfeiture proceeding shall distribute the 50 per cent equitably among these departments.

There shall be established separate special law enforcement trust funds for each district attorney and for the attorney general within the office of the state treasurer. All such forfeited money and proceeds of sales received by any prosecuting district attorney or attorney general shall be deposited in their trust fund and shall then be expended without further appropriation to: (i) support jail diversion programs; (ii) train prosecutors and law enforcement; (iii) support violence prevention programs; (iv) support substance use disorder prevention, education and treatment programs; (v) defray the costs of protracted investigations; (vi) provide additional technical equipment or expertise; (vii) provide matching funds to obtain federal grants; or (viii) use for other law enforcement, diversion or crime prevention purposes. Any program seeking to receive funds from a special law enforcement trust fund shall file an annual audit report with the district attorney and attorney general who controls the fund. The audit report shall include, but not be limited to, a listing of the assets, liabilities, itemized expenditures and board of directors of the program. Not later than January 31, each district attorney and the attorney general shall file an annual report with the joint committee on the judiciary and the senate and house committees on ways and means on the use of the money in the trust fund.

All such money and proceeds received by any police department shall be deposited in a special law enforcement trust fund and shall be expended without further appropriation to: (i) support jail diversion programs; (ii) train law enforcement; (iii) support violence prevention programs; (iv) support substance use disorder prevention, education and treatment programs; (v) defray the costs of protracted investigations; (vi) provide additional technical equipment or expertise; (vii) provide matching funds to obtain federal grants; or (viii) use for other law enforcement, diversion or crime prevention purposes as the chief of police of the city or town or the colonel of state police deems appropriate. Not later than January 31, a police department that received such money and proceeds in the previous calendar year shall file a report with the joint committee on the judiciary and the senate and house committees on ways and means detailing the use of the money disbursed from the fund. Such funds shall not be considered a source of revenue to meet the operating needs of such department.”;

by striking out sections 2 and 3.