General Requirements

Division of Criminal Justice (DCJ)
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Eligibility & Intent to Apply (specific to this program)

ELIGIBILITY: Seizing law enforcement agencies, as defined in Section 16-13-301 (2.7), eligible for reimbursement for money that the agency would have received except for section 16-13-306.5 or 16-13-504.5 C.R.S 16-13-306.5. Limitations on receipt of forfeiture payments from federal agencies (1) A seizing agency or participant in any joint task force or other multijurisdictional collaboration shall accept payment or distribution from a federal agency of all or a portion of any forfeiture proceeds resulting from adoption or a joint task force or other multijurisdictional collaboration only if the aggregate net equity value of the property and currency seized in a case is in excess of fifty thousand dollars and a forfeiture proceeding is commenced by the federal government and relates to a filed criminal case. (2) Subsection (1) of this section shall not be construed to restrict seizing agencies from collaborating with a federal agency to seize property that the seizing agency has probable cause to believe is the proceeds or instruments of a crime through an intergovernmental joint task force. 16-13-504.5. Limitations on receipt of forfeiture payments from federal agencies (1) A seizing agency or participant in any joint task force or other multijurisdictional collaboration shall accept payment or distribution from a federal agency of all or a portion of any forfeiture proceeds resulting from adoption or a joint task force or other multijurisdictional collaboration only if the aggregate net equity value of the property and currency seized in a case is in excess of fifty thousand dollars and a forfeiture proceeding is commenced by the federal government and relates to a filed criminal case. (2) Subsection (1) of this section shall not be construed to restrict seizing agencies from collaborating with a federal agency to seize property that the seizing agency has probable cause to believe is the proceeds or instruments of a crime through an intergovernmental joint task force. 16-13-301 Definitions (2.7) (2.7) "Seizing agency" means any agency that is charged with the enforcement of the laws of this state, of any other state, or of the United States and that has participated in a seizure or has been substantially involved in effecting a forfeiture through the development of evidence underlying the claim for forfeiture or through legal representation pursuant to this part 3. The department of corrections, the division of parks and wildlife in the department of natural resources, and a multijurisdictional law enforcement task force shall be deemed to be included under this definition. REQUIREMENTS FOR DEMONSTRATING AMOUNT OF DECLINED EQUITABLE SHARING FUNDS FOR WHICH REQUESTING REIMBURSEMENT: Applicants can apply for reimbursement for the amount of funding the applicant would have received of the aggregate net equity value of the property and currency seized in a federal case which is fifty thousand dollars or less, where a forfeiture proceeding was commenced by the federal government, was related to a filed criminal case, and the declination of funds from the federal government occurred after August 9, 2017 due to Section 16-13-306.5 or 16-13-504.5 C.R.S. Applicants must submit their list of declined seizures (after August 9, 2017) via the Federal Eshare portal report of declined seizures. The report should list the following information (please highlight the lines/rows which list the property or currency and amount seized for which reimbursement is being sought): • • As of date of report • Asset ID • Processing Agency • Description • Sharing Status (must show Declined By Recipient) • Decided Share • Asset Type • Asset Value (aggregate net equity value of the property and currency seized in a case must be $50,000 or less) • Hours Worked (listing hours worked by all law enforcement agencies) • Sharing Decision Date • Processing Agency Seizure No • Requesting Agency Case No • Seizure Date • Forfeiture Decision Date • Forfeiture Type • Forfeiture Decision (must show Approved) • Pending Appeal (must not be under Appeal) How much of the seized assets values for each federal case can an agency apply for? Applicants can apply for only the percentage of seized assets for which it would have been eligible to receive reimbursement if not for Section 16-13-306.5 or 16-13-504.5 C.R.S. Under the federal guidelines, no more than 80% of the asset value is eligible to be dispersed to local law enforcement, therefore applicants under this LEAGP can apply for up to 80% of a seized asset’s value. If multiple agencies were involved in the case, each agency’s portion will be determined by the proportion of hours worked by the applicant agency of total hours worked by all agencies. Because this is a new grant program, additional information may be requested by DCJ to assist it and the LEAGP Working Group in making funding decisions. So by example, in the Federal Eshare portal Report example provided, the total value under Asset Value Column comes to $25,450.00. The case asset value is not larger than $50,000 so the amount of assets seized under this case are eligible for reimbursement. This LEAGP grant would reimburse up to 80% of that amount, or $20,360 ($25,450 x 80% = $20,360). If 2 local law enforcement agencies worked on the above case with the federal agency and Agency A worked 30 hours and Agency B worked 70 hours which total 100 hours, then agency A is eligible for 30% ($20,360 x 30% = $6,108) and Agency B is eligible for 70% ($20,360 x 70% = $14,252). *If the total of the requests for funding approved exceed the total amount available for grants, all projects recommended for funding will be awarded the percent of available funds that equals the percent they would otherwise be eligible to receive of the total approved requests. These reductions are not eligible for reconsideration

LEAGP WORKING GROUP: The LEAGP Working Group is comprised of members representing the County Sheriff’s of Colorado (CSOC), Colorado Association of Chiefs of Police (CACP), Fraternal Order of Police (FOP), Colorado State Patrol (CSP), and Colorado Bureau of Investigations (CBI). This working group assisted the DCJ in crafting and refining the application process assuring clarity on how to determine what can and cannot be funded, ascertaining if applicant provided appropriate documentation to determine the amount of funds for which they are eligible, and finally assisting DCJ in making funding decisions.

REQUIREMENTS: Intents to apply will be reviewed by the LEAGP Working Group using the criteria listed below. If a submitted intent to apply is denied, a letter describing the reasons for the denial of funding and information on how to request reconsideration of the LEAGP Working Group decision will be sent to the applicant. OAJJA staff will work with successful applicants regarding the full application and the requirements that must be met which include: • Applicant meets eligibility requirements and successfully demonstrated the amount it could have received of federal equitable sharing revenue for cases that were declined at or under the $50,000 threshold. • Applicants have requested funding in support of costs in alignment with the outlined permissible uses of funds. • The applicant has the ability and willingness to comply with state administrative, financial, and other reporting and record keeping requirements. • The applicant agrees to meet the requirements of quarterly and final financial and programmatic reporting within the 15-day due date.

REQUESTS FOR RECONSIDERATION:Applicants who are not approved for funding or who are recommended for less than their requested amount* are eligible to request reconsideration by supplying information that addresses the reasons for denial such as not providing the requested/required documentation. The reconsideration process will be outlined in the notification letters sent to applicants via the grants management system informing them of the initial funding decision. Final decisions will be made by the Director of the Division of Criminal Justice. *If the total of the requests for funding approved exceed the total amount available for grants, all projects recommended for funding will be awarded the percent of available funds that equals the percent they would otherwise be eligible to receive of the total approved requests. These reductions are not eligible for reconsideration.

PERMISSIBLE USES OF THE FUNDS: By applying for LEAGP funding, applicant is agreeing that use of the LEAGP funds will only be used for operations and investigations, training and education, equipment and supplies, joint law enforcement and public safety operations, support of community-based programs, or any other purpose that would have been permissible under federal equitable sharing guidelines.

Law enforcement operations and investigations- Support of investigations and operations that further the law enforcement goals or missions. Examples include reward money (annual dues paid to a crime tip organization or payment for a specific reward for information in a specific case), recruitment and advertisement costs, agency accreditation or agency membership dues (but individual dues are impermissible), equitable sharing account maintenance fees, reimbursement to the jurisdiction for payments to informants, purchase of evidence, buy-back programs, and “buy” money.

Law enforcement training and education-Training of investigators, prosecutors, and sworn and non-sworn law enforcement personnel in any area necessary to perform official law enforcement duties, such as canine handler, narcotics, defensive tactics, criminal justice, language, constitutional law, accounting/finance, or forensics—provided that the employees’ regular duties require knowledge of these topics. Examples include training and conference registration fees, tuition, speaker fees, or costs to produce training curricula. This provision does not permit donations or transfers of funds to associations or organizations providing training.

Law enforcement equipment- Costs associated with the purchase, lease, maintenance (including repairs or service agreements), or operation of law enforcement equipment for use by law enforcement personnel that supports law enforcement activities. Examples include furniture, file cabinets, office supplies, telecommunications equipment, copiers, safes, fitness equipment, computers, computer accessories and software, body armor, uniforms, firearms, radios, cellular telephones, electronic surveillance equipment, vehicles (e.g., patrol and unmarked vehicles), and animals and animal-related expenses.

Joint law enforcement/public safety operations- Costs associated with the purchase of multi-use equipment and operations used by both law enforcement and non-law enforcement personnel. Examples include 911 call center equipment, defibrillators, search and rescue boats, aircraft, and diving equipment. These expenditures are exempt from the pro-rata calculation. This provision does not include equipment to be used solely by non-law enforcement personnel, such as fire and EMS vehicles.

Drug, gang, and other prevention or awareness programs- Costs associated with conducting law enforcement agency awareness programs. Examples include public service announcements, meeting costs, motivational speakers, and items used or distributed by the agency such as child identification kits and anti-crime items, literature, or software. See Section V.B.1.k for supporting non-law enforcement agency community-based programs.

Support of community-based organizations- Transfers of shared funds from a state or local law enforcement agency to community based non-profit organizations (501(c)(3) or (4)) whose stated missions are supportive of and consistent with a law enforcement effort, policy, and/or initiative. An agency may expend up to a total of $25,000 annually to transfer to such organizations. Examples include a drug treatment facility, job skills program, or a youth program with drug and crime prevention education. The following requirements apply: 1. Law enforcement agency head must approve the transfer and must ensure the recipient is a qualified entity; 2. Agency must ensure that all transferred funds are spent permissibly in accordance with this Guide; and 3. Agency’s jurisdiction must perform applicable sub-recipient monitoring requirements.

Law enforcement, public safety, and detention facilities- Costs associated with the purchase, lease, construction, expansion, improvement, or operation of law enforcement, public safety, or detention facilities used or managed by the recipient agency. Examples include the costs of leasing, operating, and furnishing an off-site undercover narcotics facility. Improvements should not be made on leased property or space since the law enforcement agency will not benefit from the improvements upon termination of the lease. Agencies must contact DCJ prior to using these funds for all improvement and expansion projects. For example, the construction of a new facility or minor renovations including drywall, electrical, HVAC replacements, and internal modifications to an existing facility. Expenditures such as lease payments or utilities do not require consultation.

Contracts for services- Costs associated with a contract for a specific service that supports or enhances law enforcement is permitted. Examples include translation and language assistance services, staffing and feasibility studies, auditor to perform an audit of these funds, subject matter expert, grant writer, or software developer. Employment-related contracts or contracts involving inherently law enforcement functions are prohibited. Examples include hiring an attorney, investigator, or civilian personnel to perform tasks typically or previously performed by agency or jurisdiction personnel. Under no circumstances should a contract for service be entered into where the payment of that service is based on a percentage of the seizures and forfeitures of the law enforcement agency.

Law enforcement travel and per diem- Costs associated with travel and transportation to perform or in support of law enforcement duties and activities. All related costs must be in accordance with the jurisdiction’s or state’s travel policy and must not create the appearance of extravagance or impropriety. Where an applicant agency has an established travel policy, those rates may be used. Otherwise, state travel rates are the maximum allowed. Denver travel rates are provided below. Contact your DCJ Program Manager for access to the State of Colorado travel rates by location of travel. (Rates are subject to change so be sure to check for updated rates periodically to ensure the correct rate is being used for your application and when seeking reimbursement of costs Breakfast $ 11.00 Lunch $ 16.00 Dinner $ 34.00 Total per diem $ 61.00

Law enforcement awards and memorials- Costs associated with the purchase of plaques, certificates, and challenge coins for law enforcement personnel in recognition of a law enforcement achievement, activity, or training. These funds may not be used to pay awards in the form of cash or cash equivalents or stored value cards. These funds may be used to pay the costs for commemorative plaques, displays, or memorials on law enforcement property that serve to recognize or memorialize a law enforcement officer’s contributions, such as a memorial plaque or stone in honor of an agency’s officers killed in the line of duty. The plaque, display, or memorial must not create the appearance of extravagance.

Matching grants- Costs associated with paying a state or local law enforcement agency’s matching contribution or share in a state or federal grant program for items other than salaries, provided that the grant funds are used for a permissible law enforcement purpose in accordance with this grant program.

IMPERMISSIBLE USES INCLUDE BUT ARE NOT LIMITED TO: • Uses contrary to the laws of the state or local jurisdiction • Personal or political use of shared assets • Purchase of food or beverages • Extravagant expenditures • Petty cash account and stored value cards • Purchases of items for other law enforcement agencies • Costs related to lawsuits • Loans