41-1724. Gang and immigration intelligence team enforcement mission fund; subaccount; use of monies; reporting requirement

A. The gang and immigration intelligence team enforcement mission fund is established consisting of monies deposited pursuant to section 11-1051 and monies appropriated by the legislature. The department shall administer the fund. Any monies distributed from the fund to a county sheriff shall go directly to the county sheriff and are not subject to any form of approval by the board of supervisors. Monies in the fund are subject to legislative appropriation.

B. Monies in the fund shall be used for employer sanctions enforcement, enforcing human smuggling and drug smuggling laws, gang and strict immigration enforcement, county jail reimbursement costs relating to illegal immigration and any other use previously authorized in an allocation made by law for the gang and immigration intelligence team enforcement mission.

C. Each year that monies are available in the fund and as soon as is practicable after July 1 of each year, the first five hundred thousand dollars shall be allocated to a county sheriff of a county with a population of less than five hundred thousand persons but more than three hundred thousand persons and any remaining monies shall be used for agreements or contracts in accordance with subsection D of this section, except that no monies may be used for agreements or contracts with a county sheriff of a county with a population of more than three million persons.

D. If the department uses monies from the fund for an agreement or contract with a city, town, county or other entity to provide services for the gang and immigration intelligence team enforcement mission, the city, town, county or other entity shall provide not less than twenty-five percent of the cost of the services and the department shall provide not more than seventy-five percent of personal services and employee related expenditures for each agreement or contract but may fund all capital related equipment. This subsection does not apply to a county with a population of less than five hundred thousand persons but more than three hundred thousand persons.

E. The gang and immigration intelligence team enforcement mission border security and law enforcement subaccount is established consisting of monies deposited pursuant to section 12-116.04 and monies appropriated by the legislature. The department shall administer the subaccount. Any monies distributed from the subaccount to a county sheriff shall go directly to the county sheriff and are not subject to any form of approval by the board of supervisors. Monies in the subaccount are subject to legislative appropriation. All appropriated monies in the subaccount shall be distributed each fiscal year to local entities and no monies may be retained by the department for its own use. The monies in the subaccount shall be used for law enforcement purposes related to border security, including border personnel, and for safety equipment that is worn or used by a peace officer who is employed by a county sheriff.

F. A law enforcement agency shall not receive any monies from the fund unless the law enforcement agency certifies each fiscal year in writing to the director of the department of public safety that the law enforcement agency is complying with section 11-1051 to the fullest extent allowed by law.

G. The department shall submit an expenditure plan to the joint legislative budget committee for review before expending any monies not identified in the department's previous expenditure plans. Within thirty days after the last day of each calendar quarter, the department shall provide a summary of quarterly and year-to-date expenditures and progress to the joint legislative budget committee, including any prior year appropriations that were nonlapsing.