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2010 Washington Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagwa201001 and id is 1 raw text is: Rob McKenna 4 S Attorney General of Washington LAW ENFORCEMENT-LAW ENFORCEMENT AGENCIES-Use Of Asset Forfeiture Funds For Accreditation And Reaccreditation Of Law Enforcement Agencies Law enforcement agencies can use the net proceeds of asset forfeitures under RCW 10.105.010 for accreditation, reaccreditation, and necessary associated training which serves to improve law enforcement activity, provided that such funding does not supplant existing funding sources. However, assets forfeited pursuant to other statutes for which the use of funds is more tightly restricted can only be used for accreditation and training purposes, if the subject matter is closely related to the purposes of the applicable forfeiture statute. January 6, 2010 The Honorable Pam Roach Senator, District 31 Cite As: PO Box 40431 AGO 2010 No. 1 Olympia, WA 98504-0431 Dear Senator Roach: By letter previously acknowledged, you have requested our opinion on a question we have summarized and paraphrased as follows: Can law enforcement agencies use state asset forfeiture funds' for accreditation and/or reaccreditation fees and for the training that such accreditation requires? BRIEF ANSWER Law enforcement agencies can use state asset forfeiture funds obtained under RCW 10.105.010 for accreditation, reaccreditation, and necessary associated training which serves to improve law enforcement activity, provided that such funding does not supplant existing funding sources. However, any accreditation, reaccreditation, or necessary associated training that does not serve to improve or expand law enforcement activity would not be eligible for funding under RCW 10.105.010. Furthermore, state asset forfeiture funds obtained by a law enforcement ' For the purposes of this opinion, we define state asset forfeiture funds to be those net proceeds lawfully retained by a seizing law enforcement agency through forfeiture. Notably, net proceeds is defined slightly differently under some of the different applicable statutes, as explained in footnote 5 below. Attorney General of Washington Post Office Box 40100 Olympia, WA 98504-0100 (360) 753-6200

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