City of Somerville, Massachusetts - File #: 209097

• 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.

Date	Ver.	Action By	Action	Result
12/9/2021	6	City Council	Work completed
11/29/2021	5	Public Health and Public Safety Committee	Placed on file
1/29/2020	4	Public Health and Public Safety Committee	Kept in committee
10/24/2019	3	City Council	Placed on file

  Agenda Text

title

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

body

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