2014 Kentucky Revised Statutes CHAPTER 218A - CONTROLLED SUBSTANCES 218A.420 Procedure for disposal of seized and forfeited property -- Distribution of proceeds -- Administrative regulations on use of funds -- Adoption of policies for seizure of forfeitable assets -- Asset-forfeiture training -- Vehicles -- Joint operations.
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218A.420 Procedure for disposal of seized and forfeited property -Distribution of proceeds -- Administrative regulations on use of funds -Adoption of policies for seizure of forfeitable assets -- Asset-forfeiture
training -- Vehicles -- Joint operations.
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All property which is subject to forfeiture under this chapter shall be disposed
of in accordance with this section.
All controlled substances which are seized and forfeited under this chapter
shall be ordered destroyed by the order of the trial court unless there is a legal
use for them, in which case they may be sold to a proper buyer as determined
by the Cabinet for Health and Family Services by promulgated regulations.
Property other than controlled substances may be destroyed on order of the
trial court.
When property other than controlled substances is forfeited under this chapter
and not retained for official use, it may be sold for its cash value. Any sale shall
be a public sale advertised pursuant to KRS Chapter 424.
Coin, currency, or the proceeds from the sale of property forfeited shall be
distributed as follows:
(a) Eighty-five percent (85%) shall be paid to the law enforcement agency or
agencies which seized the property, to be used for direct law enforcement
purposes; and
(b) Fifteen percent (15%) shall be paid to the Office of the Attorney General
or, in the alternative, the fifteen percent (15%) shall be paid to the
Prosecutors Advisory Council for deposit on behalf of the
Commonwealth's attorney or county attorney who has participated in the
forfeiture proceeding, as determined by the court pursuant to subsection
(9) of this section. Notwithstanding KRS Chapter 48, these funds shall be
exempt from any state budget reduction acts.
The moneys identified in this subsection are intended to supplement any funds
otherwise appropriated to the recipient and shall not supplant other funding of
any recipient.
The Attorney General, after consultation with the Prosecutors Advisory
Council, shall promulgate administrative regulations to establish the specific
purposes for which these funds shall be expended.
Each state and local law enforcement agency that seizes property for the
purpose of forfeiture under KRS 218A.410 shall, prior to receiving any forfeited
property, adopt policies relating to the seizure, maintenance, storage, and care
of property pending forfeiture which are in compliance with or substantially
comply with the model policy for seizure of forfeitable assets by law
enforcement agencies published by the Department of Criminal Justice
Training. However, a state or local law enforcement agency may adopt policies
that are more restrictive on the agency than those contained in the model
policy and that fairly and uniformly implement the provisions of this chapter.
Each state or local law enforcement agency that seizes property for the
purpose of forfeiture under KRS 218A.410 shall, prior to receiving forfeited
property, have one (1) or more officers currently employed attend
asset-forfeiture training approved by the Kentucky Law Enforcement Council,
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which shall approve a curriculum of study for asset-forfeiture training.
Other provisions of this section notwithstanding, any vehicle seized by a law
enforcement agency which is forfeited pursuant to this chapter may be retained
by the seizing agency for official use or sold within its discretion. Proceeds from
the sale shall remain with the agency. The moneys shall be utilized for
purposes consistent with KRS 218A.405 to 218A.460. The seizing agency shall
be required to pay any bona fide perfected security interest on any vehicle so
forfeited.
When money or property is seized in a joint operation involving more than one
(1) law enforcement agency or prosecutorial office, the apportionment of funds
to each pursuant to subsection (4) of this section shall be made among the
agencies in a manner to reflect the degree of participation of each agency in
the law enforcement effort resulting in the forfeiture, taking into account the
total value of all property forfeited and the total law enforcement effort with
respect to the violation of law on which the forfeiture is based. The trial court
shall determine the proper division and include the determination in the final
order of forfeiture.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 124, sec. 13, effective June 26, 2007. -Amended 2005 Ky. Acts ch. 99, sec. 551, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 491, effective July 15, 1998. -- Amended 1990 Ky.
Acts ch. 445, sec. 3, effective July 13, 1990. -- Created 1984 Ky. Acts ch. 101,
sec. 3, effective July 13, 1984.
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