Drug Enforcement Forfeitures Fund - Regulations
COMCOR 35-13B
Chapter 35. Police - Regulations
Montgomery County, Md., COMCOR § 35.13B.01.01 (2026)
35.13B.01.01 AdministrationLinkCopy Citation
1.1. Source of Funds. Monies forfeited to Montgomery County, Maryland, under Sections 297 and 297A, Article 27, Annotated Code of Maryland 1957, 1982 Repl. Vol. as amended, after April 29, 1986, must be the source of the funds for the Drug Enforcement Forfeiture Fund ("Fund"). These funds shall include cash or currency, proceeds derived from sale of real property, criminal proceeds, conveyances, personal property, including financial instruments, and funds turned over to Montgomery County from other governmental agencies through drug enforcement asset sharing procedures, as well as any other funds to which the county is entitled as a result of drug forfeiture proceedings.
1.2. Authorization to Expend Funds. All expenditures of the fund must be authorized by appropriation pursuant to Article 3 of the Montgomery County Charter.
1.3. Use of Funds. The intent of Section 35-13B is to allow the Department of Police the discretion to use the Fund for narcotics enforcement in the areas of investigations, training, and equipment procurement. Subject to authorization by the Chief of Police or his designee, Fund monies must be used in the following manner:
(a)
Investigations. Fund monies must be used for the controlled purchase of drugs, to pay informants, and other expenses related to drug investigations.
(1)
Expenditures for investigations are limited to monies available in the Fund. No amount greater than $25,000 may be spent on any single investigation. In cases where a single investigation requires an expenditure greater than the $25,000 limit, the Chief of the Investigative Services Bureau must recommend the expenditure to the Chief of Police who will have final authority to approve the request, subject to the status of the account balance.
(b)
Training. To remain current with investigative techniques and to maintain the technical expertise required for narcotics investigations, Fund monies must be used to allow officers to attend, participate in, and conduct training programs and professional meetings in the field of drug investigations and other topics relevant to those investigations including interagency gatherings for the purpose of information exchange.
(1)
Expenditures for training purposes must be for travel, lodging, registration, instructional expenses, per diem, meeting expenses, consultants, and other costs approved by the Chief of Police consistent with the appropriate county administrative procedures or executive regulations.
(2)
Fund monies for training purposes may be spent only after authority has been given by the director of the Special Investigations Division, the chief of the Investigative Services Bureau, the Training Selection Committee, and the Chief of Police.
(c)
Equipment. In order to allow the Police Department to utilize the most recently developed equipment and state-of-the art technology in the enforcement of narcotics laws, Fund monies may be used to purchase or lease equipment. The Special Investigations Division also may lease equipment to increase or supplement the
Department's present capabilities in individual cases, where appropriate, including the lease of motor vehicles.
(1)
Expenditures for equipment purposes must be made in accordance with Montgomery County Government Procurement Regulations.
(A)
Purchases. A committee, comprised of the chief of the Investigative Services Bureau, the police Management and Budget director, and the director of the Special Investigations Division, must determine if a requested item should be purchased, and must forward the recommendation for an item's purchase to the Chief of Police for review and approval. If the Chief of Police approves the committee's decision, a purchase request must be sent to the Office of Procurement for action.
The Department of Police must recommend the appropriate method of procurement for the item(s) requested based on the department's needs. Expenditures of $500 or less can be authorized by the director of Special Investigations Division.
(B)
Leasing/Rental. Leases or rentals that will not exceed a total of $500 or 30 days are within the discretion of the director of Special Investigations Division. Leases or rentals that exceed these limits must have the additional approval of the chief of the Investigative Services Bureau. All leases and rentals must be consistent with, and subject to, the Procurement Regulations of Montgomery County.
(d)
Asset Sharing. Where monies have been forfeited because of controlled dangerous substance violations, and the forfeiture arose from interagency action between the county police department and other law enforcement agencies including the Maryland National Capital Park Police, the County Chief of Police is authorized to make an equitable distribution of such funds after receiving a recommendation from the chief of the Investigative Services Bureau, the Police Management and Budget director and the director of the Special Investigations Division. The director must transfer to Maryland-National Capital Park Police all funds in the Drug Enforcement Forfeiture Fund that result from any arrest within the boundaries of any park under the jurisdiction of the Maryland-National Capital Park and Planning Commission if the arrest was initiated by the Park Police and another law enforcement agency was not involved in the arrest or investigation.
(e)
Other Expenses. Should the fund have sufficient monies available after supplementing the Drug Enforcement Section of the Special Investigations Division, the Chief of Police may authorize use of the Fund to enhance the narcotics enforcement capabilities of other units within the Department of Police.
The director of the Special Investigations Division, will submit a report to the Chief of Police, through the normal chain of command, in the month of July which will reflect all monies available in the Fund and that amount of money necessary to supplement the Drug Enforcement Section.
1.4. Maintenance of Monies.
(a)
Special Revenue Fund. A special revenue fund must be established by the director of the Department of Finance for the deposit of forfeited monies.
(b)
Liquid Assets. Cash monies in an amount not to exceed $25,000 on hand may be drawn from the special revenue fund account and must be placed in a safe located in an area to be chosen by the Chief of Police or his designee. Access to the liquid assets must be restricted to the chief of the Investigative Services Bureau and the director of the Special Investigations Division or his designee.
(1)
Replenishment. Liquid assets must be maintained at the $10,000 level by way of replenishment requests to the director of the Department of Finance from the director of the Special Investigations Division, or in his absence, the chief of the Investigative Services Bureau, via the Police Management and Budget director, or the director's designee.
(2)
Accounting. A cash control log must be maintained by the Special Investigations Division to monitor the activity of the liquid assets under the control of the chief of the Investigative Services Bureau and the director of the Special Investigations Division.
(A)
All requests for monies must have a cash expenditure memorandum and justification request. The memorandum and request must be assigned a control log number and must be maintained in a permanent file.
(B)
The requests must be reviewed and approved by the director of the Special Investigations Division or the commander of the Drug Enforcement Section.
(C)
All approved expenditure requests must be completed within three days of receipt of the funds unless an exception has been approved by the director of the Special Investigations Division and must be documented with an accompanying expenditure memorandum. Unused funds must be returned to the director of the Special Investigations Division and must be accounted for in the expenditure memorandum.
(D)
All approved expenditure requests must be logged into a liquid asset control log that must be kept by the director of the Special Investigations Division. The log must reflect a reconciled balance between expenditure requests and actual expenditures.
(E)
A checking and/or credit/debit account drawn on the Drug Enforcement Fund may be maintained by the director of the Special Investigations Division in order to pay for authorized expenses.
(c)
Audit. All books, records, and control logs maintained by the Department of Police in connection with the Fund must be subject to periodic and unannounced audits by the Department of Finance.
(d)
Pursuant to asset sharing provision of the Drug Enforcement Fund law, the director of the Special Investigations Division will recommend the transfer of funds when appropriate to other law enforcement agencies. This recommendation must be made to the Chief, Investigative Services Bureau and approved by the Chief of Police.
(e)
A Special Investigations Division S.O.P. will be formulated to administer the flow of asset sharing funds to the affected agencies in conjunction with the Management and Budget Division, Montgomery County Department of Police.
1.5. Record Keeping
(a)
Forfeiture Deposits. The Office of the County Attorney must notify the director of the Department of Finance of the forfeiture of monies to the County by either the Circuit Court or District Court and the amount forfeited. This notification must come via the Assistant County Attorney assigned to the Department of Police. Copies of the notice also must be sent to the director of the Special Investigations Division and the Property and Supply supervisor. The Property and Supply supervisor must advise the director of the Special Investigations Division of the date when the forfeited monies are deposited in the special revenue fund.
(b)
Account Balances. The director of the Special Investigations Division, must maintain a daily log/ledger showing the balance in the Investigative Advance account (cash on hand) and must submit appropriate reports at least monthly with supporting documentation to the Chief of Police and the director of the Management and Budget Division, Department of Police for verification. The report will reflect all replenishment and disbursements from the investigative advance account for the month. The Director of Accounts must submit to the director for Management and Budget, Department of Police, and to the director of the police department's Special Investigations Division a monthly report on monies in the account.
(c)
Supporting Documentation. The documentation which is to accompany the monthly account balance report must consist of the following: the written notification received from the County Attorney's Office advising of the forfeiture award, Section 1.5(a); the written notice from the Property and Supply supervisor of the date the forfeited monies were deposited to the special revenue fund, Section 1.5(a); copies of the account activity log, Section 1.5(b); and copies of the memoranda requesting withdrawal of funds, actual expenditures, and any reconciliation information received from the assigned investigator(s) (Section 1.4(b)(2)(A) and (C)).
Montgomery County, Md., COMCOR § 35.13B.01.02 (2026)
35.13B.01.02 ReportsLinkCopy Citation
2.1. Monthly Report. The director of the Special Investigations Division must submit a copy of the latest monthly Operating Budget Report for the Drug Enforcement Fund to the Chief of Police via the chief of the Investigative Services Bureau along with the divisional monthly report. The report must include a statement of the total amount of money in the Drug Enforcement Fund; the amount of money expended for investigative advances, supplies, travel, education and training, repairs to equipment, rental of equipment, personal computer costs, dues and subscriptions, and miscellaneous. This report will also show the balance of the fund on hand for the period. Copies must be provided to the director of Police Management and Budget and to the Assistant County Attorney assigned to the Department of Police.
2.2. Year-End Report. The director of the Special Investigations Division must submit to the Chief of Police a year-end report which must include those areas specified in Section 2.1, Monthly Report, via the chain of command. Year-end totals for all categories of the Fund must be provided Copies of the year-end report must be submitted to the director of Police Management and Budget, the director of the Department of Finance, and the Assistant County Attorney assigned to the Department of Police. The year must commence and terminate with the anniversary date of the effective date of the legislation.
2.3. Report to County Council. A report must be submitted to the County Council on March 1 of every year.
Montgomery County, Md., COMCOR § 35.13B.01.03 (2026)
35.13B.01.03 Effective DateLinkCopy Citation
3.1. This regulation becomes effective 30 days after adoption by the County Council.