2006 New York Code - Disposal Of Property.

 
    §  1349.  Disposal of property. 1. Any judgment or order of forfeiture
  issued pursuant  to  this  article  shall  include  provisions  for  the
  disposal of the property found to have been forfeited.
    2.  If  any  other  provision  of  law expressly governs the manner of
  disposition of property subject to the judgment or order of  forfeiture,
  that  provision  of  law  shall  be  controlling.  Upon application by a
  claiming agent for  reimbursement  of  moneys  directly  expended  by  a
  claiming agent in the underlying criminal investigation for the purchase
  of  contraband  which  were  converted into a non-monetary form or which
  have  not  been  otherwise  recovered,  the  court  shall  direct   such
  reimbursement  from  money  forfeited  pursuant  to  this  article. Upon
  application of the  claiming  agent,  the  court  may  direct  that  any
  vehicles,  vessels  or  aircraft  forfeited  pursuant to this article be
  retained by the claiming agent for law enforcement purposes, unless  the
  court  determines  that such property is subject to a perfected lien, in
  which case the court may not direct that the property be retained unless
  all such liens on the property to be retained  have  been  satisfied  or
  pursuant  to  the  court's order will be satisfied. In the absence of an
  application by the claiming agent, the claiming authority may  apply  to
  the  court  to  retain  such property for law enforcement purposes. Upon
  such application, the court may direct that such property be retained by
  the claiming authority for law enforcement purposes,  unless  the  court
  determines  that such property is subject to a perfected lien. If not so
  retained, the judgment or order shall direct the claiming  authority  to
  sell  the property in accordance with article fifty-one of this chapter,
  and that the proceeds of such sale and any other moneys  realized  as  a
  consequence  of  any  forfeiture  pursuant  to  this  article  shall  be
  apportioned and paid in the following descending order of priority:
    (a) Amounts ordered to be paid by the court  in  satisfaction  of  any
  lien or claim against property forfeited. A fine imposed pursuant to the
  penal law shall not be deemed to constitute a lien or claim for purposes
  of this section;
    (b) Amounts ordered to be paid by the defendant in any other action or
  proceeding  as  restitution,  reparations  or damages to a victim of the
  crime, which crime constitutes  the  basis  upon  which  forfeiture  was
  effected under this article, to the extent such amounts remain unpaid;
    (c) Amounts ordered to be paid by the defendant in any other action or
  proceeding  as  restitution,  reparations  or damages to a victim of any
  crime committed  by  the  defendant  even  though  such  crime  did  not
  constitute  the  basis  for forfeiture under this article, to the extent
  that such amounts remain unpaid;
    (d) Amounts actually expended by  a  claiming  authority  or  claiming
  agent,  which  amounts  are substantiated by vouchers or other evidence,
  for the:   (i) maintenance  and  operation  of  real  property  attached
  pursuant  to  this article. Expenditures authorized by this subparagraph
  are limited to mortgage, tax and other financial obligations imposed  by
  law and those other payments necessary to provide essential services and
  repairs  to  real  property whose occupants are innocent of the criminal
  conduct which led to the attachment or forfeiture; and
    (ii) proper storage, cleanup and disposal of hazardous  substances  or
  other  materials, the disposal of which is governed by the environmental
  conservation law, when such storage, cleanup or disposal is required  by
  circumstances  attendant  to  either  the commission of the crime or the
  forfeiture action, or any order entered pursuant thereto;
    (e) In addition to amounts, if any, distributed pursuant to  paragraph
  (d)  of this subdivision, fifteen percent of all moneys realized through
  forfeiture to the claiming authority in satisfaction of actual costs and
  expenses incurred in the investigation, preparation  and  litigation  of
  the  forfeiture action, including that proportion of the salaries of the
  attorneys, clerical and investigative personnel  devoted  thereto,  plus
  all  costs  and  disbursements  taxable  under  the  provisions  of this
  chapter;
    (f)  In addition to amounts, if any, distributed pursuant to paragraph
  (d) of this subdivision, five percent of  all  moneys  realized  through
  forfeiture  to  the  claiming  agent  in  satisfaction  of  actual costs
  incurred  for  protecting,  maintaining  and  forfeiting  the   property
  including  that  proportion  of  the salaries of attorneys, clerical and
  investigative personnel devoted thereto;
    (g) Forty percent of all moneys realized through forfeiture which  are
  remaining  after distributions pursuant to paragraphs (a) through (f) of
  this subdivision, to the chemical dependence  service  fund  established
  pursuant to section ninety-seven-w of the state finance law;
    (h)  All  moneys  remaining after distributions pursuant to paragraphs
  (a) through (g) of this subdivision shall be distributed as follows:
    (i) seventy-five percent of such moneys shall be deposited  to  a  law
  enforcement  purposes  subaccount of the general fund of the state where
  the  claiming  agent  is  an  agency  of  the  state  or  the  political
  subdivision  or  public authority of which the claiming agent is a part,
  to be used for law enforcement use in the  investigation  of  penal  law
  offenses;
    (ii)  the  remaining  twenty-five  percent  of  such  moneys  shall be
  deposited to a prosecution services subaccount of the  general  fund  of
  the  state  where  the claiming authority is the attorney general or the
  political subdivision of which the claiming authority is a part,  to  be
  used for the prosecution of penal law offenses.
    Where  multiple claiming agents participated in the forfeiture action,
  funds available pursuant to subparagraph (i) of this paragraph shall  be
  disbursed  to  the  appropriate  law enforcement purposes subaccounts in
  accordance  with  the  terms  of  a  written  agreement  reflecting  the
  participation  of  each claiming agent entered into by the participating
  claiming agents.
    3. All moneys distributed to  the  claiming  agent  and  the  claiming
  authority  pursuant  to paragraph (h) of subdivision two of this section
  shall  be  used  to  enhance  law  enforcement  efforts   and   not   in
  supplantation   of   ordinary  budgetary  costs  including  salaries  of
  personnel, and expenses of the  claiming  authority  or  claiming  agent
  during the fiscal year in which this section takes effect.
    4.  The  claiming  authority shall report the disposal of property and
  collection of assets pursuant to this section to the state crime victims
  board, the state division of criminal justice  services  and  the  state
  division of substance abuse services.