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Mandated Asset Forfeiture

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Reviewed Date: April 06, 2020

Original Author: 
Barton, Rex
Date of Material: 
Jul 15, 2019


Subjects:
Police--Criminal forfeiture
Accounting--Tennessee

Mandated Asset Forfeiture

Summary: 
A form to be used for reporting all asset forfeiture proceeds to the Tennessee Comptroller at the end of the fiscal year.

In 2018 the Tennessee State Legislature mandated the comptroller's regular audit of a local government to include how proceeds derived from forfeited assets are used by county or municipal law enforcement agencies (T.C.A. 40-33-211(a)(2)). The comptroller shall provide that information to the department of safety for publication on its website and for an annual report to the legislature.

The language of the statute is relevant to all asset forfeiture proceeds, not just those destined for the drug fund. This includes judicial forfeitures, but not Equitable Sharing proceeds from the federal courts.

To this end the Comptroller’s office has created a new form to be filled out at the end of the fiscal year and forwarded to the comptroller’s office by August 31. The form and instructions are provided below.

Anyone needing assistance completing the form can contact their MTAS Finance and Accounting consultant or their MTAS Municipal Management Consultant. (7/15/2019)
 


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Information written by MTAS staff was based on the law at the time and/or a specific sets of facts. The laws referenced may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information posted to this website.