Leis' Forfeit Fund Back on Table

Hamilton County Commissioner Todd Portune first proposed using the sheriff's drug asset forfeiture accounts to help pay costs for a new jail in July 2006 but that revenue source was strangely absent from Issue 27, a proposed sales tax increase defeated by voters this month.

Now that commissioners have gone back to the drawing board on how to pay for new jail space, Hamilton County Sheriff Simon Leis Jr.'s forfeiture accounts again are being considered as one of several possible sources, this time to help lower inmate recidivism.

Portune and Commissioner David Pepper recently told CityBeat that they are talking to Leis about using some of the funds to pay for new prevention and intervention programs while they try to craft a plan to pay for new jail space or to rent jail space in Northern Kentucky.

Under the state’s forfeiture laws, law enforcement agencies are allowed to seize the property of people convicted of felony drug offenses. The sheriff’s forfeiture fund receives between $600,000 and $700,000 each year. Commissioners are talking with Leis about using between $100,000 and $200,000 for the programs and are awaiting a further analysis by the sheriff, they said.

During the Issue 27 campaign, anti-tax groups complained that Leis wastes money that could be put to better use. They cited items like a tank purchased by the Sheriff’s Office using a federal Homeland Security grant, as well as speedboats, helicopters and construction of a heliport.

Portune defended the sheriff’s spending, noting that state law requires that the forfeiture funds not be spent on usual operating expenses. Instead, they must be used to pay for new or special crime prevention programs. Further, Portune said the forfeiture funds weren’t included in the Issue 27 plan because the amount available is “not on an order of magnitude that it would have made much of a difference” once he investigated the restrictions.

In summer 2006, however, Portune included some money from that source in a proposal he floated as an alternative to a sales tax increase being pushed by then-County Commissioner Phil Heimlich. Leis replied in an August 2006 letter, “I also wasn’t aware you planned on tapping my forfeiture accounts. The forfeiture accounts support crime prevention programs and our aviation unit.”

Nowadays Portune describes the sheriff’s aviation unit as a useful crime-fighting tool.

“Helicopter service is of great service to the law enforcement community,” Portune said. But he conceded, “I don’t know what the tank is used for.”

Exactly what types of items that forfeiture funds can be used for is open to some debate. For example, Portune said they can be used for the aviation unit because “Once the sheriff (bought the helicopter), it became a regular operation but he was allowed to continue it because that’s where it came from.”

Asked how the forfeiture funds could be spent on inmate treatment programs, the commissioner replied, “To the extent that you’re bringing in new things that haven’t been done before, absolutely they can be spent that way.”

By comparison, Issue 27 would’ve raised $736 million over a 15-year period.

Of that amount, $529 million would’ve been used to build a new jail and fund its operations for 30 years. About $81.4 million would’ve been used to pay for communications and emergency dispatch services in jurisdictions throughout the county. Also, another $56.5 million would’ve been used for community-based treatment programs, $38.4 million for inmate re-entry programs and $22.6 million for facility-based treatment programs.

About $17.2 million would’ve been used by the Sheriff’s Office to continue its patrols through Over-the-Rhine and expand them to other Cincinnati neighborhoods.

— Kevin Osborne

Comments

[David E. Gallaher]

Lost in the details of this will be the question, "Should law enforcement seize property in the first place?"
I say no.
The fund should be completely liquidated. An attempt should be made to restore the values to their rightful owners.
Then this spiteful practice should be discontinued.

[Jail For Dail]

I continue to wonder why an annex is not built across Broadway from the existing Jail? Plenty of under used space over there; and it would eliminate transport costs for inmates on their way to court as it would only be a skywalk away. The Kahn's property could be sold to defray the cost of a land purchase across Broadway. I think an addition for $200M, makes much more sense than $529M for a new jail when the current justice center is in fine shape.

[No Jail Tax!]

Did you ask Portune about the boat and random other trucks?

Does the Sheriff really need two helicopters?

Should the Sheriff really be spending money on teddy bears and the failed DARE program while at the same time threatening the voters with releasing dangerous people?

What about making the city pay for Pepper's draconian marijuana ordince and other high priced public policies?

[Neal]

Imagine our most efficient county legal system were to process its "victims" quicker, freeing up jail space. Further imagine minor offenders weren't jailed, including marijuana "offenders".

Call me a dreamer, but I'm not the only one.

Then, I can imagine we might not have a "jail problem."

But I suspect I'd be imagining that Simple Simon might need to buy him another tank or two.