(a) Any law-enforcement agency or office in this state, including, but not limited to, an “appropriate person” as identified in §60A-7-703(b), excluding prosecuting attorneys, who seizes or receives forfeited moneys, securities, negotiable instruments, items subject to forfeiture in accordance with §60A-7-703(a) of this code, or other property under the provisions of this article shall account for the same in the following manner:
- (1) Maintain any items of property subject to forfeiture in accordance with §60A-7-704(d) of this code, including, but not limited to, moneys, securities, negotiable instruments, or other items and property identified in the same manner as the agency’s appropriated funds. Bank accounts, checkbooks, purchase cards, and other financial instruments or documents must be maintained in the same manner as appropriated funds;
- (2) Establish a segregated account or accounting codes to track both revenues and expenditures for each respective program. No other funds may be commingled in these accounts or with these accounting codes;
- (3) Process all expenditures and payments in the same manner as appropriated funds, including procurement and payment transactions;
- (4) In accordance with the provisions of §60A-7-704(d)(4) of this code, in the case of seized moneys, securities, or other negotiable instruments, place the assets in an interest-bearing depository insured by an agency of the federal government. Deposit all interest earned on equitable sharing funds into the respective account or accounting code. All interest is subject to the same use restrictions as equitable sharing funds. Losses to funds maintained in investment accounts in accordance with the jurisdiction’s policies may not be allocated to or deducted from the equitable sharing account;
- (5) Develop, maintain, and follow written policies for accounting, bookkeeping, inventory control, and procurement that comply with the applicable jurisdiction policies. Ensure distribution of relevant policies to all appropriate personnel;
- (6) Maintain records of all revenue and expenditures posted to the account or accounting code, to include bank/ledger statements, invoices, receipts, required jurisdiction approvals, or any other documents used or created during the procurement and disposition process;
- (7) Report all transactions using cash-based accounting methods;
- (8) Dispose of items purchased with shared funds in accordance with the agency’s disposal policies. To the extent practicable and, if consistent with the agency’s procurement and disposal polices, deposit proceeds from the sale of such property into the agency’s sharing account or accounting code. If an item has minimal or no value, an agency may donate the item to a recipient of its choice if permitted under the agency’s disposal policies;
- (9) Ensure the agency head, or designee, authorizes all expenditures from the sharing accounts; and
- (10) Obtain approval for expenditures from the governing body, such as the county commission, town council, or city manager’s office, when required under normal established jurisdiction accounting procedures.