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File #: 23-0721    Name: Agreement and Annual Certification Report to participate in the Federal Equitable Sharing Program
In control: Probation
On agenda: 8/22/2023 Final action: 8/22/2023
Enactment date: Enactment #: Agreement No. 23-424
Title: 1. Approve and authorize the Chairman to execute annual Equitable Sharing Agreement with the Federal Government authorizing the Probation Department to participate in the Federal Equitable Sharing Program including receiving a share of asset forfeitures, and certifying as to funds received and expended during FY 2022-23 ($326 in interest income); 2. Authorize the Chief Probation Officer to execute as Agency Head and submit the Equitable Sharing Agreement and Certification; and 3. Authorize the Chief Probation Officer, or his designee, to execute any necessary "Application for Transfer of Federally Forfeited Property (Form DAG-71)," and other required documents, as appropriate, and authorize the Chief Probation Officer to designate a Probation Department employee to accept forfeited property, transfer documents, and/or receive funds.
Attachments: 1. Agenda Item, 2. Agreement A-23-424 Equitable Sharing Agreement and Certification
DATE: August 22, 2023

TO: Board of Supervisors

SUBMITTED BY: Kirk Haynes, Chief Probation Officer

SUBJECT: Agreement and Annual Certification Report to participate in the Federal Equitable Sharing Program

RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute annual Equitable Sharing Agreement with the Federal Government authorizing the Probation Department to participate in the Federal Equitable Sharing Program including receiving a share of asset forfeitures, and certifying as to funds received and expended during FY 2022-23 ($326 in interest income);
2. Authorize the Chief Probation Officer to execute as Agency Head and submit the Equitable Sharing Agreement and Certification; and
3. Authorize the Chief Probation Officer, or his designee, to execute any necessary "Application for Transfer of Federally Forfeited Property (Form DAG-71)," and other required documents, as appropriate, and authorize the Chief Probation Officer to designate a Probation Department employee to accept forfeited property, transfer documents, and/or receive funds.
REPORT
There is no Net County Cost associated with the recommended actions, which will allow the Probation Department to continue to participate in Federal asset forfeiture cases. The submission of the annual Equitable Sharing Agreement and Certification is a requirement to participate in the Federal Equity Sharing program. Action Item 3 authorizes the Chief Probation Officer or his designee to execute a required certification on the Application for Transfer of Federally Forfeited Property Form, and to designate a Probation Department employee to accept forfeited property, transfer documents and receive funds. This item is countywide.

ALTERNATIVE ACTION(S):

If the recommended actions are not approved, the Probation Department will lose any Federal asset forfeiture funds, for which it would have been eligible if the recommended Agreement and Certification were in place.

FISCAL IMPACT:

There is no ...

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