Q May a municipality use civil forfeiture funds for purposes other than law enforcement purposes when it no longer has an active municipal police force and is contracting with the county for law enforcement protection?

A The municipality is restricted to using civil forfeiture funds for solely law enforcement purposes under Section 41-29-181, regardless as to whether it has an active municipal police department or not. While the municipality may abolish its police department, it is without power to abolish the position of marshal or chief of police, as required by Section 21-21-1. The subject forfeiture funds could be used in this capacity or for any other law enforcement purpose related to the municipality and/or in fulfillment of its obligations under its agreement with the county for provision of law enforcement protection within the municipal limits. (Attorney Generalís Opinion to Blackledge, May 31, 2013)