24-1-19 - Crime Reduction Assistance Program.
24-1-19. Crime Reduction Assistance Program.
(1) There is created the Crime Reduction Assistance Program.
(2) The program shall fund crime prevention and law enforcement activities that have thepurpose of:
(a) deterring crime by depriving criminals of the profits and proceeds of their illegalactivities;
(b) weakening criminal enterprises by removing the instrumentalities of crime;
(c) reducing crimes involving substance abuse by supporting the creation, administration,or operation of drug court programs throughout the state;
(d) encouraging cooperation between local, state, and multijurisdictional lawenforcement agencies;
(e) allowing the costs and expenses of law enforcement to be defrayed by the forfeitedproceeds of crime; and
(f) increasing the equitability and accountability of the use of forfeited property used toassist law enforcement in reducing and preventing crime.
(3) (a) When property is forfeited under this chapter and transferred to the fund, theCommission on Criminal and Juvenile Justice shall make awards of monies from the fund tostate, local, or multijurisdictional law enforcement agencies or political subdivisions of the statein compliance with this section and to further the program purposes under Subsection (2).
(b) In granting the awards, the Commission on Criminal and Juvenile Justice shall ensurethat the amount of each award takes into consideration:
(i) the demonstrated needs of the agency;
(ii) the demonstrated ability of the agency to appropriately use the award;
(iii) the degree to which the agency's need is offset through the agency's participation infederal equitable sharing or through other federal and state grant programs; and
(iv) the agency's cooperation with other state and local agencies and task forces.
(4) Agencies or political subdivisions shall apply for program awards by completing andsubmitting forms specified by the Commission on Criminal and Juvenile Justice.
(5) Applying agencies or political subdivisions shall demonstrate compliance with allreporting and policy requirements applicable under this chapter and under Title 63M, Chapter 7,Criminal Justice and Substance Abuse, in order to qualify as a potential award recipient.
(6) Recipient law enforcement agencies may only use program award monies afterapproval or appropriation by the agency's legislative body, and the award monies are nonlapsing.
(7) A recipient law enforcement agency or political subdivision shall use program awardsonly for law enforcement or controlled substance law enforcement purposes as described inSubsection (8), and only as these purposes are specified by the agency or political subdivision inits application for the award.
(8) Permissible law enforcement purposes for which award monies may be used include:
(a) controlled substance interdiction and enforcement activities;
(b) drug court programs;
(c) activities calculated to enhance future investigations;
(d) law enforcement training that includes:
(i) implementation of the Fourth Amendment of the federal constitution and UtahConstitution Article I, Section 7, and addresses the protection of the individual's rights of dueprocess;
(ii) protection of the rights of innocent property holders; and
(iii) the Tenth Amendment of the federal constitution regarding states' sovereignty andthe states' reserved rights;
(e) law enforcement or detention facilities;
(f) law enforcement operations or equipment which are not routine costs or operationalexpenses;
(g) drug, gang, or crime prevention education programs which are sponsored in whole orin part by the law enforcement agency or its legislative body; and
(h) matching funds for other state or federal law enforcement grants.
(9) Law enforcement purposes for which award monies may not be granted or usedinclude:
(a) payment of salaries, retirement benefits, or bonuses to any person;
(b) payment of enforcement expenses not related to law enforcement;
(c) uses not specified in the agency's award application;
(d) uses not approved or appropriated by the agency's legislative body;
(e) payments, transfers, or pass-through funding to entities other than law enforcementagencies; or
(f) uses, payments, or expenses that are not within the scope of the agency's functions.
(10) For each fiscal year, any state, local, or multijurisdictional agency or politicalsubdivision that received a program award shall prepare, and file with the Utah Commission onCriminal and Juvenile Justice and the state auditor, a report in a form specified by the UtahCommission on Criminal and Juvenile Justice. The report shall include the following regardingeach award:
(a) the agency's name;
(b) the amount of the award;
(c) the date of the award;
(d) how the award has been used; and
(e) a statement signed by both the agency's or political subdivision's executive officer ordesignee and by the agency's legal counsel, that:
(i) the agency or political subdivision has complied with all inventory, policy, andreporting requirements of this chapter;
(ii) all program awards were used for crime reduction or law enforcement purposes asspecified in the application; and
(iii) and only upon approval or appropriation by the agency's or political subdivision'slegislative body.
(11) The Utah Commission on Criminal and Juvenile Justice shall report in writing to thelegislative Law Enforcement and Criminal Justice Interim Committee annually regarding theforfeited property transferred to the fund, awards made by the program, uses of program awards,and any equitable share of property forfeited by the federal government as reported by agenciespursuant to Subsection 24-1-15(3).
Amended by Chapter 382, 2008 General Session