ORDINANCE NO. 652
AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO
THE DISCLOSURE TO NON‑PROFIT ORGANIZATIONS
OF FUNDS FROM FORFEITURE AND SEIZURES
The Board of Supervisors of the County of Riverside Ordains as Follows:
Section 1. The provisions of Health and Safety Code Section 11509 shall be operative within the County of Riverside.
Section 2. Forfeited funds subject to distribution pursuant to Health and Safety Code Section 11489 (b) (2) (D) and which are derived from seizures and forfeitures made pursuant to Article 8 of the Health and Safety Code (commencing with Section 11470), and which have occurred as a result of information provided to law enforcement agencies by non‑profit organizations established for the purpose of aiding those seizures and forfeitures, shall be allocated to eligible organizations in accordance with the provisions of this ordinance.
Section 3. "Eligible organization" for the purposes of this ordinance means an organization (1) whose primary purpose is to aid state and local law enforcement agencies in conducting criminal investigations by directly relaying information concerning criminal activity to such law enforcement agencies, and (2) which has qualified as exempt from state and federal taxation under the Non‑Profit Public Benefit Corporation Laws of the State of California and Section 501 (c) (3) of the Internal Revenue Code.
Section 4. All claims for forfeited funds initiated pursuant to this ordinance shall be submitted to the District Attorney. Such claims shall be accompanied by a written statement, prepared by the investigating officer or asset forfeiture officer of the law enforcement agency seizing such funds, stating that:
1. The information provided by the claimant organization was specific and factual;
2. The information provided was received and utilized by the law enforcement agency; and
3. The receipt of such information resulted in the seizure of the forfeited funds for which the claim is made.
A. The District Attorney shall allocate and distribute forfeited funds pursuant to statute and in accordance with the provisions of this ordinance, except that:
1. No allocation shall be made to an organization other than an eligible organization as defined in the ordinance;
2. No forfeited funds shall be distributed pursuant to this ordinance until either of the following conditions have been met:
a) The Superior Court has issued an order of forfeiture and judgment of such funds in a judicial proceeding, or;
b) The Attorney General of the State of California or the District Attorney shall have issued a written declaration of forfeiture of such funds in an administrative forfeiture proceeding as permitted by statute.
3. If two or more organizations provide information to a law enforcement agency, and such information is utilized by the law enforcement agency to obtain an order of forfeiture or a declaration of forfeiture, the forfeited funds available for distribution shall be divided equally among all eligible organizations making a claim under such order or declaration.
B. The District Attorney may adopt such additional rules and regulations as may be necessary to establish guidelines for the processing of forfeiture claims, provided such rules and regulations are consistent with the provisions of this ordinance.
Section 6. The provisions of this ordinance shall be applicable to the distribution and allocation of revenues after the effective date of this ordinance.
Section 7. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person, organization, or circumstance shall be held invalid. such invalidity shall not affect the other provisions or applications of the provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.
Section 8. This ordinance shall take effect 30 days after its adoption.
Adopted: 3/8/88 (Eff.: 4/7/88)
Amended: 652.1 (1/19/99 - 7.3) (Eff.: 2/18/99)
(REPEALED Ord. 651)