Haw. Code R. § 5-51-21 - Petitions for administrative forfeiture

(a) In addition to the requirements set forth in section 712A-10, Hawaii Revised Statutes, the petition for administrative forfeiture provided in section 712A-10(1), Hawaii Revised Statutes, shall include:

(1) An itemized listing of all property subject to forfeiture in the caption;

(2) The estimated value of each item and the aggregate value of all subject property listed in the caption;

(3) The vehicle identification number of any vehicle listed in the caption (if no vehicle identification number can be ascertained, the petition shall include a statement setting forth the reason why the vehicle identification number is not ascertainable);

(4) A statement that all requirements and deadlines of chapter 712A, Hawaii Revised Statutes, have been met;

(5) A statement setting forth the applicable covered offense(s) and any lesser included offense(s) upon which the property is subject to forfeiture pursuant to section 712A-4, Hawaii Revised Statutes, and the basis for the forfeiture pursuant to section 712A-5, Hawaii Revised Statutes;

(6) A statement of relevant facts sufficient to support a finding of probable cause for forfeiture of the property pursuant to section 712A-6, Hawaii Revised Statutes;

(7) The identity of all persons who have an interest in the property;

(8) A statement setting forth the interest in the subject property held by each person known to have an interest in the subject property as defined in section 712A-1, Hawaii Revised Statutes; and

(9) Copies of all police reports pertaining to the covered offense(s) and any other documentation relevant to supporting a finding of probable cause as to the covered offense(s) as set forth in the petition shall be submitted as a separate document. Any police report or other confidential documentation submitted pursuant to this subsection shall be protected from disclosure as provided by law.

(b) There shall be only one petition filed in matters involving multiple interested parties when the forfeiture of subject property shares the same underlying factual basis.

(c) In matters where the subject property includes currency:

(1) All subject currency shall:

(A) Be deposited in accordance with the procedures set forth in appendix E, "Deposit of Currency - Procedures"; and

(B) Be deposited after but no later than thirty days after the petition for administrative forfeiture is filed with the attorney general.

(2) After the subject currency has been deposited, proof of deposit shall be given to the attorney general by submitting the following:

(A) The completed "List of Deposits Form," attached hereto as appendix F;

(B) The bank's preprinted deposit ticket, a sample of which has been attached hereto as appendix G, "Preprinted Deposit Ticket"; and

(C) The bank receipt showing the deposit has been made.

(d) A petition for administrative forfeiture shall be filed with the attorney general within forty-five days of the prosecuting attorney receiving the written request for forfeiture from the seizing agency, calculated as set forth under section 712A-10, Hawaii Revised Statutes.

(e) In addition to the petition for administrative forfeiture, a "Notice of Intention to Administratively Forfeit Property," a sample template of which is attached as appendix B, shall be filed with the following attachments:

(1) As "Exhibit 1," the "Verified Petition for Remission or Mitigation Form," attached herein as appendix C; and

(2) As "Exhibit 2," the "Declaration in Support of Request to Proceed In Forma Pauperis Form," attached herein as appendix D.

(f) A petition may be sent by regular mail, email, or facsimile transmittal to the appropriate division within the department of the attorney general, within the time limit for such filing. The date on which the petition is received by the attorney general shall be deemed to be the date of filing.

(g) A petition that fails to comply with the requirements set forth in subchapter 2 herein may be dismissed or denied by the attorney general with or without prejudice. Any order of dismissal or denial issued pursuant to subchapter 2 shall state the underlying reason(s) for dismissal or denial.

(h) There shall be no appeal from the attorney general's decision or order pursuant to section 712A-10(11).

Notes

Haw. Code R. § 5-51-21

[Eff 1/17/2020] (Auth: HRS § 712A-10) (Imp: HRS §§ 712A-1, 712A-4, 712A-5, 712A-6, 712A-9, 712A-10)