Loading...
HomeMy WebLinkAbout2008-OR-15Ordinance No. 2008-OR- ~ S An Ordinance Creating ANon-Reverting Fund For The Jeffersonville Police Department For The Accumulation of Assets Recovered During Police Investigations and Forfeitures From Convictions Whereas, the Jeffersonville Police Department investigates criminal offenses, arrests suspected felons and misdemeanants, and recovers certain monies and properties that have been accumulated by said criminals in the course of their ongoing criminal undertakings; Whereas, the United States Code authorizes the seizure and forfeiture of assets possessed by suspected criminal felons and misdemeanants; Whereas, Indiana Code 34-24-1- Et. Seq. provides for the Forfeiture of Property Used In Violation of Certain Criminal Statutes. The law provides for specific due process and sets out those specific procedures for seizing said property; Whereas, those assets seized may only be utilized for certain purposes according to the United States Code and Indiana Code, thus requiring a special non-reverting fund to segregate those monies from the General Fund and other dedicated funds; Whereas, it is the desire of the Jeffersonville City Council to assist the Jeffersonville Police in its efforts to fight crime and make Jeffersonville a safer community to live and raise families; NOW, THEREFORE, BE IT ORDAINED BY THE JEFFERSONVILLE COMMON COUNCIL THAT: One: Pursuant to Indiana Code the Common Council of the City of Jeffersonville hereby creates anon-reverting fund for the accumulation of assets recovered, seized, and forfeited by the Jeffersonville Police Department during criminal investigations and subsequent to those procedures set forth by Federal and State laws. The fund shall be known as Jeffersonville Police Forfeiture Fund (hereinafter "JPDFF"); Two: The funds accumulated in the JPDFF shall be utilized only for those purposes set forth in the United States Code and Indiana Code governing the recovery, seizure, and forfeiture of assets accumulated during the investigation of criminal felons and misdemeanants; Three: If any provision of this Ordinance or application thereof to any person or circumstance is held unlawful or otherwise invalid such invalidity does not affect other provisions or applications of this Ordinance which can be given effect without the invalid application or provision and to this end each such invalid provision or application of this Ordinance is severable it is hereby declared to be the intent of the Jeffersonville City Council that this Ordinance would have been issued had any such unlawful or otherwise invalid provision or application not be included. This Ordinance shall be in full force and effect from and after its passage and approval. Voted Against: Passed this ~D _ day of /ttA /e ~ /1' , 2008. ~/"~ ayor Thomas li Attest: Peggy der, Clerk-Treasurer Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of said City of Jeffersonville, Indiana on this ~ day of ~~-, 2008. ~4~ v~~aXt(V1 Peggy i er, Clerk-Treasurer This ordinance approved and signed by Thomas Galligan, Mayor of the City of Jeffersonville, Indiana on this ~ D day of /tt$/1C FF- , 2008. omas Galligan, a or This ordinance was vetoed by me, Thomas Galligan, Mayor of Jeffersonville, Indiana on this the _ day of , 2008. Thomas Galligan, Mayor