Haw. Code R. § 5-51-73 - Disposition of subject property following an order granting a petition for administrative forfeiture

After an order granting a petition for administrative forfeiture is filed by the attorney general, the subject property that has been forfeited to the State shall be disposed of as follows:

(1) Any request by a governmental agency for the forfeited property pursuant to chapter 712A, Hawaii Revised Statutes, shall be made within ten days after the filing of the order by the attorney general;

(2) Forfeited property, other than currency, shall be disposed of by sale at public auction to be held by the attorney general as often as practicable;

(3) All persons are eligible to purchase forfeited property at public auction, except:

(A) Any person employed by the various county police departments;

(B) Any person employed by any county prosecuting attorney's office;

(C) Any person employed by the attorney general; or

(D) Any person employed by any other public or private agency that serves as a seizing agency or petitioning agency or conducts sales of forfeited property;

(4) All proceeds from any public auction held by the attorney general under this section shall be disbursed and distributed as set forth under section 712A-16, Hawaii Revised Statutes; and

(5) Distributions from the revolving fund or criminal forfeiture fund shall be made in accordance with section 712A-16(4), Hawaii Revised Statutes, as follows:

(A) Asset forfeiture funds in excess of the amounts required for maintenance of the asset forfeiture program may be distributed upon written request by the various law enforcement agencies to the attorney general for the following purposes:

(i) As a supplemental sum to support a legitimate law enforcement purpose of any state or county law enforcement agency;

(ii) As expenses to supplement programs for training and education of law enforcement officers, as long as the primary purpose of the training is law enforcement; and

(iii) As payment of rewards for information or assistance leading to a criminal or civil proceeding;

(B) Written requests for funds shall be submitted to the attorney general utilizing the form entitled "Request for Funds Forms," attached as appendix I;

(C) No funds from the revolving fund shall be distributed to satisfy personnel staffing requirements, except in support of the asset forfeiture program administration in the department of the attorney general; and

(D) The attorney general shall make the final decision regarding whether a request for funds from the revolving fund is approved in whole or in part.

Notes

Haw. Code R. § 5-51-73

[Eff 1/17/2020] (Auth: HRS §§ 712A-10, 712A-16) (Imp: HRS §§ 712A-1, 712A-10, 712A-16)