26-239 C.M.R. ch. 2, § 3 - Standards for Equitable Transfer of Forfeited Assets (15 M.R.S.A. sections 5822, 5824)

Current through 2022-14, April 6, 2022

A. In the case of any asset to be forfeited to any entity other than the General Fund, the Attorney General shall determine whether an asset decreed or agreed by settlement to be forfeited is to be distributed to a state agency, county or municipality. If the Attorney General determines that a forfeited asset is to be so distributed, he may further determine the percentage share of such asset to be distributed to each such state agency, county or municipality.

B Requests for equitable transfer to a state agency, county or municipality shall be reviewed by the District Attorney or Assistant Attorney General, who shall make a recommendation to the Attorney General based on the criteria in (C) (1-3) below and shall forward the request along with the signed recommendation of the District Attorney or Assistant Attorney General to the Deputy Attorney General in charge of the Criminal Division with copies of the recommendation to be sent to those law enforcement agencies which contributed to the related criminal case.

C. In any determination of the percentage share to be distributed under paragraph A), the Attorney General shall give due consideration to the following factors:

1. The time and effort contributed by a municipality, county, or state agency to the related criminal case including manpower and money expended;

2. Whether the municipality, county or state agency originated the information which led to the seizure of the asset and whether the municipality, county or state agency obtained such information by use of its investigative resources, rather than fortuitously;

3. Whether the municipality, county, or state agency provided unique or indispensable assistance.

D. The written consent of the Attorney General under 15 M.R.S.A. §5822(4)(A) must precede the order of the Court.

E. If the Attorney General determines that a forfeited asset is to be distributed to a state agency, county, or municipality, that asset shall not thereafter be distributed to the state agency, county, or municipality without the additional prior written approval of the appropriate authority pursuant to 15 M.R.S.A. §5824.

F. Pursuant to 15 M.R.S.A. §5822(4)(A) and §5824, when property is forfeited and transferred to a municipality, the legislative body of the municipality shall accept the property and in each case determine its disposition. When property is forfeited and transferred to a county in accordance with 15 M.R.S.A. §5824, the county commissioners shall accept the property and in each case determine its disposition. When property is forfeited and transferred to a state agency or department, the Governor shall accept the property and in each case determine its disposition. No general acceptance of forfeited property satisfies this requirement. No forfeited monies or other property or the proceeds thereof may be placed in any drug account or fund of any District Attorney, the Attorney Generals. or any law enforcement agency without the express affirmative authorization of, in the case of a municipality, the legislative body of the municipality, or in the case of a county, a majority of the County Commissioners, or in the case of a state agency, the Governor.

Notes

26-239 C.M.R. ch. 2, § 3