2010 Utah Code
Title 24 - Forfeiture Procedures
Chapter 01 - Utah Uniform Forfeiture Procedures Act
24-1-17 - Disposition and allocation of forfeiture property.

24-1-17. Disposition and allocation of forfeiture property.
(1) Upon finding that property is subject to forfeiture under this chapter, the court shall order the property forfeited to the state, and the seizing agency shall then:
(a) make the payments as required under this chapter; and
(b) transfer possession, custody, and control of the net forfeiture property or proceeds immediately to the Criminal Forfeiture Restricted Account created under Section 24-1-18.
(2) If the forfeiture arises from any violation of Section 23-20-1 relating to wildlife resources, the court shall:
(a) direct that the legal costs of the forfeiture proceeding be paid to the prosecuting agency; and
(b) direct that the net forfeited property after the legal costs shall be deposited in the Wildlife Resources Account created in Section 23-14-13.
(3) (a) Prior to transferring forfeited property, the seizing agency shall authorize a public or otherwise commercially reasonable sale of that property which is not required by law to be destroyed and that is not harmful to the public.
(b) The proceeds of the forfeited property shall remain segregated from other property, equipment, or assets of the seizing agency until transferred to the state in accordance with this chapter.
(4) From the forfeited property, both currency and the proceeds or revenue from the property, the seizing agency shall:
(a) deduct the seizing agency's direct costs and expenses, as approved by the court, of obtaining and maintaining the property pending forfeiture; and
(b) pay the legal costs to the prosecuting agency for the prosecution of the forfeiture proceeding.
(5) The remaining forfeited property shall then be deposited in the Criminal Forfeiture Restricted Account created in Section 24-1-18.
(6) All property and proceeds awarded to the state through forfeiture proceedings under this chapter shall be deposited in the Criminal Forfeiture Restricted Account created in Section 24-1-18.

Enacted by Chapter 296, 2004 General Session