Iowa Admin. Code r. 61-33.4 - Disposition of forfeited property
(1)
Controlled substances.
An agency in possession of a controlled substance which has been forfeited
shall dispose of it as required by Iowa Code section
124.506.
(2)
Obscene materials.
Materials which violate the provisions of Iowa Code chapter 728 shall be
destroyed. An inventory and a record of the destruction of obscene materials
shall be maintained by the agency.
(3)
Firearms and ammunition.
Forfeited firearms and ammunition must be disposed of pursuant to the rules of
the department of public safety.
(4)
Real property. An agency
seizing real property for forfeiture must do the following:
a. Accept transfer of title from the
department.
b. Pay all costs
associated with transfer of title, including abstracting costs, property taxes
and assessments.
c. Indemnify the
state for any expenses it might become liable for by being the owner of the
property during the forfeiture and transfer process, including but not limited
to environmental cleanup costs, abstracting costs, and any expenses the
department incurs to comply with reasonable community standards of
maintenance.
d. Indemnify the state
for any expenditures incurred as a result of liability to a third party for any
injury associated with the property which occurs during the period from seizure
through transfer of ownership to the agency.
e. The department will retain 10 percent of
the gross sale price of the real property. The balance of the proceeds, 90
percent, will be given to the seizing agency for its use or for division among
law enforcement agencies and prosecutors pursuant to agreement.
(5)
Alcoholic beverages
and beer. Alcoholic beverages and beer shall be destroyed. An
inventory and a record of the destruction of forfeited alcoholic beverages and
beer shall be maintained by the agency.
(6)
Motor vehicles.
a. Orders forfeiting motor vehicles must
include a physical description of the vehicle, as well as the vehicle
identification number.
b. Motor
vehicles must be titled to the department prior to being transferred to the
seizing agency or its designee.
c.
The department requires payment of a fee of $200 for processing the transfer of
title to a vehicle.
d. The seizing
agency shall, within ten days of receipt of the transferred title, send to the
Iowa department of transportation an application for certificate of title or a
junking certificate for the vehicle.
(7)
Cash.
a. The department will retain 10 percent of
forfeited cash. The balance of forfeited cash, 90 percent, will be given to the
seizing agency for its use or for division among law enforcement agencies and
prosecutors pursuant to agreement.
b. In the event of a cash forfeiture in
excess of $400,000, amounts over $400,000 shall be apportioned as follows: 45
percent to the seizing agency or agencies; 45 percent to other law enforcement
agencies within the region; and 10 percent to be retained by the
department.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.