2005 Idaho Code - 37-2801 — PROPERTY SUBJECT TO CRIMINAL FORFEITURE

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 28
                             CRIMINAL FORFEITURES
    37-2801.  PROPERTY SUBJECT TO CRIMINAL FORFEITURE. Any person who is found
guilty of, who enters a plea of guilty, or who is convicted of a violation of
the uniform controlled substances act, chapter 27, title 37, Idaho Code,
punishable by imprisonment for more than one (1) year, no matter the form of
the judgment or order withholding judgment, shall forfeit to the state of
Idaho:
    (1)  Any property constituting, or derived from, any proceeds the person
obtained, directly or indirectly, as the result of such violation; and
    (2)  Any of the person's property used, or intended to be used, in any
manner or part, to commit, or to facilitate the commission of such violation.
The court, in imposing sentence on such person, shall order, in addition to
any other sentence imposed pursuant to chapter 27, title 37, Idaho Code, that
the person forfeit to the state of Idaho all property described in this
section. The provisions of this chapter shall not be construed or interpreted
in any manner to prevent the state of Idaho, attorney general or the
appropriate prosecuting attorney from requesting restitution pursuant to
section 37-2732(k), Idaho Code; or, if appropriate, from pursuing civil
forfeiture pursuant to section 37-2744 and/or section 37-2744A, Idaho Code.
Nor shall an order of forfeiture pursuant to this chapter be used as an offset
against, or in any manner be used to diminish the amount of, a restitution
order under section 37-2732(k), Idaho Code. The issue of criminal forfeiture
shall be for the court alone, without submission to a jury, as a part of the
sentencing procedure within the criminal action.