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DATE: |
May 5, 2026 and May 19, 2026 |
06 |
SUBJECT
Title
ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
SHERIFF - ADOPT AN ORDINANCE AMENDING ARTICLE III SECTION 66.1 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE, RELATING TO THE SHERIFF’S OFFICE (05/05/2026 - first reading; 05/19/2026 - second reading unless ordinance is modified on second reading) (DISTRICTS: ALL)
Body
OVERVIEW
On May 5, 2026 (2), the Board of Supervisors took action to further consider and adopt the Ordinance on May 19, 2026.
Today’s item requests that the San Diego County Board of Supervisors (Board) review and approve the introduction of an ordinance relating to Administrative Code Article III, Section 66.1 General Rules, Sheriff’s Asset Forfeiture Program. The proposed revision is for the addition of the following: "as well as asset forfeiture shared funds from other law enforcement agencies." This mirrors the same language found in Sections 66.2 District Attorney Asset Forfeiture Program and 66.4 Chief Probation Officer Forfeiture Program. Asset forfeiture programs offer counties significant benefits by providing a mechanism to disrupt, dismantle, and deter criminal enterprises, particularly drug trafficking and white-collar crime, by seizing illicit proceeds and tools. These funds support law enforcement and public safety efforts by enabling the purchase of equipment and supporting training without increasing the need for general purpose revenue.
Today’s actions seek Board approval for the amendment to Administrative Code Article III, Section 66.1 General Rules - Sheriff's Asset Forfeiture Program and approve the introduction of ordinance (first reading) to amend the Administrative Code with the corresponding change. If the Board takes action as recommended on May 5, 2026, then the ordinance will be scheduled for adoption on May 19, 2026.
RECOMMENDATION(S)
SHERIFF
Consider and adopt (unless ordinance is modified on second reading):
AN ORDINANCE AMENDING ARTICLE III SECTION 66.1 OF THE SAN DIEGO
COUNTY ADMINISTRATIVE CODE, RELATING TO THE SHERIFF’S OFFICE
EQUITY IMPACT STATEMENT
County of San Diego (County) departments are guided by Administrative Codes to serve the region and customers consistently and equitably. Outside of regular sunset reviews, departments will seek to amend County codes to keep documents up to date and provide clarifying language. This amendment updates the Administrative Code provision to be in alignment with current County practices.
SUSTAINABILITY IMPACT STATEMENT
The action to review and amend the County of San Diego (County) Administrative Code aligns with the goal to promote opportunities for community engagement and supports the sustainability of governmental practices and services. The update to the Administrative Code in today’s action is meant to ensure that practices outlined in County codes are up to date, reflect current processes, and are needed to continue services and responsibilities to the region.
FISCAL IMPACT
There is no net fiscal impact associated with the proposal to amend the Administrative Code Article III, Section 66.1. There will be no change in net General Fund cost and no additional staff years.
BUSINESS IMPACT STATEMENT
N/A
Details
ADVISORY BOARD STATEMENT
N/A
BACKGROUND
The San Diego Sheriff's Office (Sheriff’s Office), and other agencies in the region, play a critical frontline role in intercepting drugs and further preventing their distribution in the United States. Part of this effort includes multi-jurisdictional investigations to identify couriers, and transportation networks, ultimately resulting in drug, monetary and other assets being seized. These seizures prevent the spread of drugs in our communities and severely impede criminal organizations in continuing illegal enterprise.
There are strict laws governing the seizure of property by the U.S. Government and law enforcement in America. Asset forfeiture laws allow federal and state governments to seize property, cash, vehicles, and homes, that are connected to criminal activity. When cases where participation from the Sheriff's Office have occurred, and the investigation results in assets being seized as prescribed under the law, the investigating agency participates in sharing agreements that result in revenue returning to the Sheriff's Office. In these cases, it is necessary for a mechanism to be in place to receive the funds. This item aims to address the legal authority and mechanism to receive those funds.
The Sheriff's Office has identified the need to amend the County of San Diego (County) Administrative Code to mirror current County practices in place for the Sheriff's Office. The Sheriff's Office seeks to amend Administrative Code Article III Section 66.1 Sheriff’s Asset Forfeiture Program. The proposed revision is within the Background section and is for the inclusion of the following, "…, as well as asset forfeiture funds from other law enforcement agencies." This will accomplish two things: 1) it will mirror the same language found in Sections 66.2 District Attorney Asset Forfeiture Program and 66.4 Chief Probation Officer Forfeiture Program, and 2) allow for the Sheriff’s Office to receive funds from state, county, and city law enforcement agencies outside the state of California. Asset forfeiture programs offer counties significant benefits by providing a mechanism to disrupt, dismantle, and deter criminal enterprises, particularly drug trafficking and white-collar crime, by seizing illicit proceeds and tools. It supplements law enforcement capabilities and supports public safety efforts by enabling the purchase of equipment and supporting training without increasing the need for general purpose revenue.
Asset forfeiture funds by law can only be used for specific purposes. Those include, training equipment, and community benefit. The Sheriff’s Office has prioritized any asset forfeiture monies to be used for unfunded needs such as helicopters, tasers, body-worn-cameras, training, gun safety events, and youth programs. For example, since 2021, the Sheriff’s Office has utilized asset forfeiture to purchase the gift cards and lock boxes distributed at the Gun Safety Events hosted around San Diego County in partnership with the District Attorney’s Office and community partners such as Project Childsafe and more recently, the San Diegans for Gun Violence Prevention. These Gun Safety Events hosted by the Sheriff’s Office is a critical component of the County’s Gun Violence Reduction Program. Expanding the current program to recognize asset forfeitures from other law enforcement agencies will enable the Sheriff’s Office to receive additional funding.
Today’s actions seek Board approval for the amendment to Administrative Code Article III, Section 66.1 General Rules - Sheriff's Asset Forfeiture Program and approve the introduction of ordinance (first reading) to amend the Administrative Code with the corresponding change. If the Board takes action as recommended on May 5, 2026, then the ordinance will be scheduled for adoption on May 19, 2026.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed actions support the Sustainability, Equity, and Community Strategic Initiatives in the County of San Diego’s 2026-2031 Strategic Plan by ensuring processes and services are positioned to meet the needs and expectations of all communities in San Diego County, removing obsolete policies and Code provisions, and confirming that the remaining requirements reflect current legal standards and practices.
Respectfully submitted,
Kelly a. Martinez
Sheriff
ATTACHMENT(S)
Attachment A - AN ORDINANCE AMENDING ARTICLE III SECTION 66.1 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE, RELATING TO THE SHERIFF’S OFFICE (Clean Copy)
Attachment B - AN ORDINANCE AMENDING ARTICLE III SECTION 66.1 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE, RELATING TO THE SHERIFF’S OFFICE (Informational Copy)
Attachment C - Summary of Proposed Ordinance