ADOPTED - OCTOBER 10, 2000

ADOPTED - OCTOBER 10, 2000

Agenda Item No. 16

Introduced by the Law & Courts and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION AUTHORIZING THE PROSECUTING ATTORNEY= S OFFICE TO PROVIDE CIVIL DRUG FORFEITURE SERVICES TO THE LANSING POLICE DEPARTMENT

RESOLUTION #00-240

WHEREAS, the Lansing Police Department has requested the Ingham County Prosecutor= s Office to provide A Civil Drug Forfeiture Services@ to the Lansing Police Department; and

WHEREAS, the Ingham County Prosecutor's Office has agreed to provide these A Civil Drug Forfeiture Services@ to the Lansing Police Department and has established a fee reimbursement system as compensation for providing these services; and

WHEREAS, the Prosecutor expects this activity to generate a minimal amount annually in revenue.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes entering into agreement with the City of Lansing authorizing the Prosecuting Attorney= s Office to provide A Civil Drug Forfeiture Services@ to the Lansing Police Department.

BE IT FURTHER RESOLVED, that the following fees for services at the rates established below are adopted effective the date the agreement is executed:

In cases in which no bond is posted, Lansing Police Department would retain the seized property. The Ingham County Prosecutor would prepare an Affidavit indicating that no bond was posted and that the property may be forfeited to Lansing Police Department;

In cases of less than $50,000, a $250 bond or 10% of the value, whichever is greater, must be posted. In these cases, if the bond was posted but the matter was resolved without filing a lawsuit, the Ingham County Prosecutor would retain the bond as its total fees;

In the above situation where a bond is posted and a lawsuit is filed, the Ingham County Prosecutor will retain the bond plus the expenses of litigation if the matter is resolved without the necessity of any court appearances, draft or answer discovery pleadings or depositions. If it is necessary to appear in court, draft or answer discovery pleadings or take a deposition, the Ingham County Prosecutor will retain 10% of the forfeited assets plus the costs of litigation.

In cases in which the seized property is valued over $50,000, no bond is posted. In those cases the Ingham County Prosecutor must begin litigation in order to resolve the matter. In these cases, the Prosecutor= s Office would receive 25% of the forfeited property plus the cost of litigation. The cost of litigation would include any filing fees, witness fees, transcript fees etc.

BE IT FURTHER RESOLVED, that the Controller is authorized to amend the Prosecuting Attorney= s Office 2000 and 2001 budget consistent with this resolution.

BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Board Chairperson and the Prosecutor to sign any necessary contract documents that are consistent with this resolution and approved as to form by the County Attorney.

LAW & COURTS: Yeas: Pratt, Schafer, Lynch, Bernero, Smiley, Juall, Schmidt

Nays: None Absent: None Approved 9/28/00

FINANCE: Yeas: Bernero, Grebner, Czarnecki, McDonald, Schafer, Minter, Juall

Nays: None Absent: None Approved 10/4/00