§ 11-67-5 - Forfeitures.
SECTION 11-67-5
§ 11-67-5 Forfeitures. – (a) A person who is found in a criminal proceeding to be in violation of §11-67-2 or 11-67-3 shall forfeit to the state of Rhode Island any profits orproceeds and any interest or property he or she has acquired or maintained inviolation of this act, that the sentencing court determines, after a forfeiturehearing, to have been acquired or maintained as a result of maintaining aperson in involuntary servitude or participating in trafficking in persons forforced labor in order to commit a criminal sexual activity.
(b) The court shall upon petition by the attorney general atany time following sentencing, conduct a hearing to determine whether anyproperty or property interest is subject to forfeiture under this section. Atthe forfeiture hearing the state shall have the burden of establishing by apreponderance of the evidence that property or property interests are subjectto forfeiture under this section.
(c) In any action brought by the state of Rhode Island underthis section, wherein any restraining order, injunction, or prohibition or anyother action in connection with any property or interest subject to forfeitureunder this section is sought, the court shall first determine whether there isprobable cause to believe that the person or persons so charged have committedthe offense of involuntary servitude, involuntary servitude of a minor, ortrafficking in persons for forced labor or commercial sexual activity andwhether the property or property interest is subject to forfeiture pursuant tothis section.
(d) All monies forfeited and the sale proceeds of all otherproperty forfeited and seized under this section shall be deposited in thegeneral fund.