Current through all regulations passed and filed through March 18, 2024
(A) For the purposes of this rule, the
following terms shall have the following meanings:
(1) DAG-71 - the federal form application for
the transfer of federally forfeited property.
(2) Equitable sharing account - a separate
revenue account exclusively for the proceeds from the disposition of federally
forfeited property, established pursuant to section
5120.70 of the Revised Code.
(3) Federally forfeited property -
federally forfeited cash, property, the proceeds of federally forfeited
property, and any interest earned on the equitable sharing account, which the
federal government equitably-shares with the department of rehabilitation and
correction.
(4) Proceeds of
federally forfeited property - any payment in cash or in kind made to the
department of rehabilitation and correction for the sale or transfer of
federally forfeited property.
(B) Federally forfeited property and the
proceeds of federally forfeited property shall be used only for law enforcement
purposes and as a supplement to existing resources and revenue appropriated by
the Ohio general assembly. Internal controls and auditing mechanisms shall
account for the expenditure, transfer, or use of federally forfeited property
or the proceeds of federally forfeited property.
(C) Expenditure, use, or transfer:
(1) The director or designee must authorize
all uses, expenditures, and transfers of federally forfeited property or the
proceeds of federally forfeited property. Federally forfeited property must be
used for the specific intended law enforcement use stated on the DAG-71. The
proceeds of federally forfeited property must be used for a law enforcement
purpose in accordance with federal law. Federally forfeited property or the
proceeds of federally forfeited property must supplement and not supplant
existing resources or revenues appropriated by the Ohio general assembly.
(2) The director or designee must
authorize the expenditure or transfer of the interest generated on the
equitable sharing revenue account. Interest must be used for only a law
enforcement purpose in accordance with federal law. The expenditure or transfer
of interest must supplement and not supplant existing resources or revenues
appropriated by the Ohio general assembly.
(3) Purchase orders must be issued in
accordance with state law and current department of administrative services and
department procedures to formally disburse deposited assets from the forfeiture
revenue account.
(D)
Sale or transfer of tangible federally forfeited property:
(1) Tangible assets must be used for two
years from the date of transfer in accordance with the law enforcement purpose
stated on the DAG-71, unless the asset becomes unsuitable for the law
enforcement purpose.
(2) Upon
expiration of the two year period, the director or designee may authorize the
sale of the asset for payment in cash or in kind in accordance with the law.
Cash proceeds shall be deposited into the equitable sharing revenue account.
All proceeds from the sale are subject to the limitations on expenditure, use,
or transfer set forth in this rule.
(3) When a tangible asset ceases to serve the
law enforcement purpose for which it was requested, the department's deputy
director of the office of administration shall sell it for payment in cash or
in kind in accordance with the law. Cash proceeds shall be deposited into the
equitable sharing revenue account. All proceeds from the sale are subject to
the limitations on expenditure, use, or transfer set forth in this rule.
(E) The director or
designee may authorize the expenditure of funds from the equitable sharing
revenue account to pay for the costs of auditing and bookkeeping resulting from
the equitable sharing of federally forfeited property.
Five Year Review (FYR) Dates:
1/16/2020 and
01/10/2025
Promulgated
Under: 119.03
Statutory Authority: 5120.70
Rule
Amplifies: 5120.70
Prior Effective Dates:
06/18/2009