19.2-386.14 - Sharing of forfeited drug assets.
§ 19.2-386.14. Sharing of forfeited drug assets.
A. All cash, negotiable instruments and proceeds from a sale conductedpursuant to § 19.2-386.7 or § 19.2-386.12, after deduction of expenses, feesand costs as provided in § 19.2-386.12, shall, as soon after entry of theforfeiture as is practicable, be paid over to the state treasury into aspecial fund of the Department of Criminal Justice Services for distributionin accordance with this section. The forfeited property and proceeds, lessten percent, shall be made available to federal, state and local agencies topromote law enforcement in accordance with this section and regulationsadopted by the Criminal Justice Services Board to implement the asset-sharingprogram.
The ten percent retained by the Department shall be held in a nonrevertingfund, known as the Asset Sharing Administrative Fund. Administrative costsincurred by the Department to manage and operate the asset-sharing programshall be paid from the Fund. Any amounts remaining in the Fund after paymentof these costs shall be used to promote state or local law-enforcementactivities. Distributions from the Fund for these activities shall be basedupon need and shall be made from time to time in accordance with regulationspromulgated by the Board.
B. Any federal, state or local agency or office that directly participated inthe investigation or other law-enforcement activity which led, directly orindirectly, to the seizure and forfeiture shall be eligible for, and maypetition the Department for, return of the forfeited asset or an equitableshare of the net proceeds, based upon the degree of participation in thelaw-enforcement effort resulting in the forfeiture, taking into account thetotal value of all property forfeited and the total law-enforcement effortwith respect to the violation of law on which the forfeiture is based. Uponfinding that the petitioning agency is eligible for distribution and that allparticipating agencies agree on the equitable share of each, the Departmentshall distribute each share directly to the appropriate treasury of theparticipating agency.
If all eligible participating agencies cannot agree on the equitable sharesof the net proceeds, the shares shall be determined by the Criminal JusticeServices Board in accordance with regulations which shall specify thecriteria to be used by the Board in assessing the degree of participation inthe law-enforcement effort resulting in the forfeiture.
C. After the order of forfeiture is entered, any seizing agency may petitionthe Department for return of any forfeited motor vehicle, boat or aircraft orother tangible personal property which is not subject to a grant or pendingpetition for remission. Where all the participating agencies agree upon theequitable distribution of the tangible personal property, the Departmentshall return the property to those agencies upon finding that (i) the agencymeets the criteria for distribution as set forth in subsection B and (ii) theagency has a clear and reasonable law-enforcement need for the forfeitedproperty.
If all eligible participating agencies cannot agree on the distribution ofthe property, distribution shall be determined by the Criminal JusticeServices Board as in subsection B, taking into consideration the clear andreasonable law-enforcement needs for the property which the agencies mayhave. In order to equitably distribute tangible personal property, theCriminal Justice Services Board may require the agency receiving the propertyto reimburse the Department in cash for the difference between the fairmarket value of the forfeited property and the agency's equitable share asdetermined by the Criminal Justice Services Board.
D. All forfeited property, including its proceeds or cash equivalent,received by a participating state or local agency pursuant to this sectionshall be used to promote law enforcement but shall not be used to supplantexisting programs or funds. The Board shall promulgate regulationsestablishing an audit procedure to ensure compliance with this section.
(1991, c. 560.)