13-4309
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13-4309. Uncontested forfeiture If a forfeiture is authorized by law, the attorney for the state may make uncontested civil forfeiture available to owners of and interest holders in personal property in the following manner: 1. If the attorney for the state in his discretion makes uncontested forfeiture available, he shall provide notice of pending forfeiture by giving notice within thirty days after seizure for forfeiture as provided in section 13-4307 to all persons known to have an interest who have not previously received the notice. 2. An owner of or interest holder in the property may elect to file either a claim with the court within thirty days after the notice or a petition for remission or mitigation of forfeiture with the attorney for the state within thirty days after the notice and not after a complaint has been filed, but may not file both. The claim or petition shall comply with the requirements for claims in section 13-4311, subsections E and F. 3. The following apply if one or more owners or interest holders timely file a petition for remission or mitigation: (a) The attorney for the state shall inquire into whether the property is subject to forfeiture and the facts and circumstances surrounding petitions for remission or mitigation of forfeiture. (b) The attorney for the state shall provide the seizing agency and the petitioner with a written declaration of forfeiture, remission or mitigation of any or all interest in the property in response to each petition within ninety days after the effective date of the notice of pending forfeiture unless one or more petitioners request an extension of time in writing or unless the circumstances of the case require additional time, in which case the attorney for the state shall notify the petitioner in writing and with specificity within the ninety day period that the circumstances of the case require additional time and further notify the petitioner of the expected decision date. In no event shall the mailing of the declaration be more than one hundred twenty days after the date of the state's notice of pending forfeiture. (c) An owner or interest holder in any property declared forfeited may file a claim as described in section 13-4311, subsections E and F in the superior court in the county in which the uncontested forfeiture was declared within thirty days after the mailing of the declaration of forfeiture. (d) If a declaration of forfeiture pursuant to this section is followed by a timely claim, or at any other time, the attorney for the state may elect to proceed as provided for judicial forfeitures. (e) If no petitioner files a claim in the court within thirty days after the mailing of the declaration of forfeiture, the declaration becomes final and the attorney for the state shall proceed as provided in sections 13-4314 and 13-4315. 4. If no petitions for remission or mitigation or claims are timely filed, the attorney for the state shall proceed as provided in sections 13-4314 and 13-4315. 5. If one or more petitions for remission or mitigation and one or more claims are timely filed, no complaint for forfeiture need be filed by the state until sixty days after an uncontested declaration of forfeiture. 6. If a judicial forfeiture proceeding follows a notice of pending forfeiture making uncontested civil forfeiture available: (a) No duplicate or repetitive notice or claim is required. The judicial proceedings shall adjudicate all timely filed claims. If a claim has been timely filed pursuant to paragraph 2 or 3 of this section it shall be determined in a judicial forfeiture proceeding after the commencement of such a proceeding pursuant to section 13-4311, subsection A or section 13-4312, subsection A. (b) The declarations of forfeiture, remission or mitigation responsive to all petitioners who subsequently filed claims are void and shall be regarded as rejected offers to compromise. |