Lakewood Police Department Policy and Procedure Seizure Funds		Effective Date: 08/03/2022
	Policy Number: PP-7310 - Seizure Funds

 A. Policy 

State and federal laws authorize law enforcement to take property, cash or assets and apply for civil forfeiture of money and property in order to abate public nuisances or deprive criminals of assets used for or acquired through illegal activities. Following due process in the courts, forfeiture proceeds may be awarded to the department or shared equitably between agencies or task forces. Required state and federal oversight reporting regulations ensure that the process and use of awarded proceeds is administered professionally, lawfully, and in a manner consistent with City finance department budgetary policies.

1. The department maintains two seizure fund accounts including: 

a. Federal seizure account; and

b. State seizure account. 

These accounts contain funds that have been authorized for use by the police department for law enforcement purposes or as defined by the appropriate court order.  These funds are intended for use beyond normal operating needs. 

2. Disbursement of Funds from these accounts are expended in accordance with federal guidelines, state law and City requisition and purchasing procedures as set forth by the Department of Finance.  

3. Approval for disposition of forfeited property or expenditures from the above accounts must be obtained from the Lakewood Seizure Fund Committee, which is composed of the Chief of Police, the District Attorney, and a representative of the City of Lakewood, or their designees. 

4. An administrative file containing records of the Lakewood Seizure Fund Committee will be maintained by the Professional Standards Section, Planning and Analysis Unit. Copies of all LPD records and court documents related to asset seizures or pass-through equitable sharing of seizure funds from federal agencies to LPD should be forwarded to the Police Administrative Coordinator.

5. The Planning and Analysis Unit will be responsible for an on-going quarterly accounting of seizure fund activity. 

6. Formal audits of seizure funds will be conducted through the Department of Finance in accordance with City procedure. 

7. Independent audits of seizure fund activity will be conducted when required by federal guidelines and state law. 

8. Semi-Annual reports of seizure fund activity will be prepared by the Planning and Analysis Unit and submitted to the chief of police.  Following the approval of the chief, reports will be submitted by the police administrative coordinator, as required, to the Federal Office of Asset Forfeiture, the Colorado Department of Local Affairs, and the City Manager. 

9. Following approval by the chief of police and the Lakewood Seizure Fund Committee, division chiefs, may sign purchase orders and access funds from these accounts.

C. Rule

1. All employees, including those assigned to internal or external law

enforcement task force operations, shall comply with all state and federal law pertaining to seizures and forfeitures.

2. No employee may use property that has been seized for forfeiture until the forfeiture action has been completed and written authorization is received to retain the property for official use.

3. Employees are prohibited from purchasing forfeited property.

4. All documents and records pertaining to forfeitures and seizures must be retained for a period of at least five years. Records may be subject to release under applicable federal, state, and local Freedom of Information Act laws and regulations.

5. Copies of all payment request vouchers on seizure fund accounts shall be forwarded to the Planning and Analysis Unit. 

6. Copies of receipts or other paperwork documenting seizure fund income shall be forwarded to the Planning & Analysis Unit.