City of Somerville header
File #: 209097    Version: 1
Type: Officer's Communication Status: Placed on File
File created: 10/22/2019 In control: City Council
On agenda: 10/24/2019 Final action: 12/9/2021
Enactment date: 10/24/2019 Enactment #: 209097
Title: Assistant City Solicitor responding to #208922 re: civil asset forfeiture funds.
Attachments: 1. DOR-Law Enfrocement Trust Fund

  Agenda Text

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Assistant City Solicitor responding to #208922 re: civil asset forfeiture funds.

 

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Official Text

To the Honorable City Council:

 

You have asked whether civil asset forfeiture funds may lawfully be directed to the general fund.

General Laws, c. 94C, § 47 provides that proceeds from forfeiture funds must be deposited in a special law enforcement trust fund and expended without further appropriation to "defray the costs of protected investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or to accomplish such other law enforcement purposes" as the chief of police deems appropriate.  Department of Revenue Guidance references the statute.  (See attached "Law Enforcement Trust Fund"). 

Therefore, in my opinion, civil asset forfeiture funds may not be lawfully directed to the general fund.

Please let me know if you have any additional questions.

 

Sincerely,

 

David P. Shapiro

Assistant City Solicitor