W. Va. Code R. § 155-10-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 155-10-5 - Procedures for electronic forfeiture data filing

5.1. Go to the WVSAO website and select "Budget Analysis", then scroll to bottom of page to find "Law Enforcement Forfeiture and Seizure Reporting"

5.2. Click link to be taken to the online portal, then log-in using an AA.

5.2.1. At the bottom of the page, click the blue "Select" button to begin report.

5.2.1.a. Multiple reports are completed in Citizen Services portal, including:

5.2.1.b. Agency Information Report

5.2.1.c. Statement of Seizures and Forfeitures Report

5.2.1.d. Statement of Expenses from Seizures and Forfeitures Report

5.2.1.e. Statement of Total Assets Report

5.2.1.f. A copy of the Agency's ESAC

5.2.1.g. A digitally signed attestation form on the last module of the portal

5.2.2. All data and information is to be submitted through the online portal unless given specific direction by the Auditor's staff to do otherwise.

5.3. Edits to already submitted records must be completed by Auditor's staff upon request from the agency.

5.4. All reports are to be submitted on a calendar year/reporting year basis, unless otherwise stated by the Auditor.

5.5. A Statement of Forfeitures and Seizures Report captures these following elements:

5.5.1. Name of the law-enforcement agency or office that seized the property, or if seized by a multijurisdictional task force, the name of the lead agency;

5.5.2. The time and date the property was seized;

5.5.3. The type of property seized, whether real or personal;

5.5.4. The actual or estimated value of the property seized;

5.5.5. The property's final disposition, including the amount received if the property was sold, or if the property was put to use on behalf of a law-enforcement agency or office, the identity of the agency or office that took possession and use of the property;

5.5.6. Whether forfeiture was made by settlement agreement;

5.5.7. Whether any procedure for forfeiture was initiated in accordance with the provisions of § 60A-7-705 of W.Va. code, or other identifying information sufficient to permit acquisition of any available public records related to the forfeiture procedure and disposition of the forfeited property;

5.5.8. The disposition of any action under the provisions of § 60A-7-705 of W.Va. code;

5.5.9. If an arrest was made;

5.5.10. Whether any charges brought against a defendant in conjunction with a seizure pursuant to this article resulted in deferred action, conviction, plea deal, acquittal, or ongoing criminal case;

5.5.11. When an administrative forfeiture procedure has been initiated pursuant to the provisions of § 60A-7-705 a of W.Va. code, provide designated information contained in the administrative forfeiture notice;

5.5.12. The total value of seized and forfeited or property held by the agency at the end of the reporting period; and

5.5.13. A copy of the United States Department of Justice's Equitable Sharing Agreement and Certification - Annual Certification Report shall be provided to the State Auditor no later than October 31 each calendar year.

5.6. An Expenditures from Seizures or Forfeitures Funds Report will include:

5.6.1. Reporting Year

5.6.2. Expenditures for Operations and Investigations

5.6.3 Expenditures for Training and Education

5.6.4 Expenditures for Law Enforcement, Public Safety, and Detention Facilities

5.6.5 Expenditures for Law Enforcement Equipment

5.6.6 Expenditures for Joint Law Enforcement/Public Safety Equipment and Operations

5.6.7 Expenditures for Contracts for Services

5.6.8 Expenditures for Law Enforcement Travel and Per Diem

5.6.9 Expenditures for Law Enforcement Awards and Memorials

5.6.10 Expenditures for Drug, Gang, and Other Education and Awareness Programs

5.6.11 Expenditures for Matching Grants

5.6.12 Transfers to Other Participating Law Enforcement Agencies

5.6.13 Expenditures to Support Community-Based Programs

5.6.14 Expenditures Uncategorized

5.6.15 Expenditures for Salaries

5.7. Agency head will carefully review submission and all data and forms filed.

5.8. A Total Assets of Forfeitures and Seized Funds Report will include:

5.8.1. Reporting Year

5.8.2. Total Assets

5.8.3. Total Interest Earned on Assets

5.8.4. A digitally signed Attestation will be completed by the User submitting the data on the last module of the portal, along with the date of submission.

5.8.5. The final module is the attachments page allowing the user to attach their ESAC reports by PDF, or any other attachments they need to submit for context (Word doc, Excel file, etc.).

5.8.6. Once the filing is complete and accurate, the user will click "Submit" located at the bottom right of the window.

5.8.7. The User with an email on file will receive an email that a filing has been submitted.

5.8.8. It is the responsibility of the user to follow up with the agency head and ensure the executives in the agency are aware of the submission.

5.8.9. If there are any discrepancies or errors in reporting found after submission, it is the responsibility of the agency to send communications to the Auditor's staff, and notify them of the errors.

W. Va. Code R. § 155-10-5