Number:
141611
Version:
Substitute 1
Reference:
Sponsor:
Ald. Witkowski
Title:
Substitute resolution authorizing the Milwaukee Police Department to accept and expend monies received through the State Asset Forfeiture Program.
Analysis:
The Milwaukee Police Department participates in a federal asset forfeiture sharing program in which assets raised through illegal controlled substance activities can be seized and used by law enforcement. However, this federal program has certain seizure parameters in that they can no longer be utilized to adopt seizure cases which are solely based upon state criminal charges. Additionally, funds which are seized through state asset forfeiture proceedings cannot be co-mingled with funds seized federally; they must be deposited in a separate account.
Chapter 961 of the Wisconsin statutes establishes that money used or intended to be used, or derived from or realized, either directly or indirectly, from the sale or use of controlled substances can be seized by law enforcement personnel. The arresting agency may retain 70 percent of money seizures that do not exceed $2,000 and 50 percent of money seizures in excess of $2,000, with the remainder paid to the state general school fund. These “state money forfeitures” retained may be then used by the arresting agency for the payment of forfeiture expenses, including expenses of seizure, maintenance of custody, advertising, court costs, and the costs of investigation and prosecution reasonably incurred.
Body:
Whereas, Common Council file number 930380 establishes the City’s procedural guidelines regarding the receipt, appropriation and expenditure of contributions; and
Whereas, The Milwaukee Police Department participates in the State Asset Forfeiture Program and are awarded monies as a part of this program; and
Whereas, The amounts to be received cannot be predicted because they are dependent on future drug seizures; and
Whereas, These funds may be used by the M...
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