38-11-204 - County committee Duties. - Tennessee Statutes

38-11-204. County committee Duties.

(a)  There is authorized to be created an ad hoc committee in each county to be composed of the director of schools or the director's designee, the sheriff or the sheriff's designee, and a member of the alliance for a drug free Tennessee established in the county to be appointed by the executive officer of the county. The committee shall be formed in each county upon the enactment of a resolution of the county legislative body for that purpose. The committee shall administer and implement the provisions of this part in the county following its formation as provided in this part.

(b)  The committee shall at least semi-annually review the record of prosecutions and convictions of illegal drug trafficking in its county submitted pursuant to § 38-11-203. Data shall be compiled to determine whether such county is following a pattern of aggressive affirmative action to eliminate illegal drug trafficking from within its jurisdictional boundaries. The committee shall consider the numbers and types of convictions for those violations of the Tennessee Drug Control Act, as provided in §§ 39-17-417 39-17-419 or for prosecution under title 39, chapter 12, part 2. Aggressive affirmative action shall be based on a percentage increase in convictions in each fiscal year over the previous year's convictions with the base year being the fiscal year ending June 30, 1989. The committee shall determine by rule what percentage increase shall be sufficient to establish whether a county is aggressively pursuing illegal drug trafficking.

(c)  During the review pursuant to subsection (b), a report shall be submitted by the sheriff of the amount of goods seized and forfeited pursuant to the provisions of § 39-17-420(b) during the previous six-month period.

(d)  The committee shall consider all the data presented for its consideration, and having made a determination that financial incentives are appropriate for the period under consideration, shall, with the approval of the sheriff, determine what percentage of the amount of goods seized and forfeited shall be made available to its county school system for drug education and prevention programs. Funds shall be made available subject to matching funds from private contributions. Additional funds may be made available from county or state appropriations or federal funds available for such purposes.

[Acts 1988, ch. 1035, § 4; 1996, ch. 675, §§ 20, 21.]