(a) (1) Subject to the provisions of § 5-5-606, the proceeds of sales conducted pursuant to § 5-5-608 and any moneys forfeited or obtained by judgment or settlement under this subchapter shall be deposited and distributed in the manner set forth in this section.(2) Moneys received from a federal forfeiture shall be deposited and distributed under subsection (f) of this section.
(1) Subject to the provisions of § 5-5-606, the proceeds of sales conducted pursuant to § 5-5-608 and any moneys forfeited or obtained by judgment or settlement under this subchapter shall be deposited and distributed in the manner set forth in this section.
(2) Moneys received from a federal forfeiture shall be deposited and distributed under subsection (f) of this section.
(b) The proceeds of any sale and any moneys forfeited or obtained by judgment or settlement under this subchapter shall be deposited into the asset forfeiture fund of the prosecuting attorney and is subject to the following provisions:(1) During a calendar year, if the the aggregate amount of moneys deposited into the asset forfeiture fund exceeds twenty thousand dollars ($20,000) per county, within fourteen (14) days of the time of the excess the prosecuting attorney shall notify the circuit judges in the judicial district and the Human Trafficking Coordinator;(2) After the notification required under subdivision (b)(1) of this section, twenty percent (20%) of the proceeds of any additional sale and any additional moneys forfeited or obtained by judgment or settlement under this subchapter in the same calendar year shall be deposited into the State Treasury as special revenues to be credited to the Arkansas Human Trafficking Council Support Fund, and the remainder shall be deposited into the asset forfeiture fund of the prosecuting attorney;(3) Failure of the prosecuting attorney to comply with the notification requirement under subdivision (b)(1) of this section renders the prosecuting attorney and any entity eligible to receive forfeited moneys or property from the prosecuting attorney ineligible to receive forfeited moneys or property, except as provided in § 5-5-606; and(4) Twenty percent (20%) of any moneys in excess of twenty thousand dollars ($20,000) that have been retained but not reported as required by subdivision (b)(1) of this section are subject to recovery for deposit into the State Treasury as special revenues to be credited to the Arkansas Human Trafficking Council Support Fund.
(1) During a calendar year, if the the aggregate amount of moneys deposited into the asset forfeiture fund exceeds twenty thousand dollars ($20,000) per county, within fourteen (14) days of the time of the excess the prosecuting attorney shall notify the circuit judges in the judicial district and the Human Trafficking Coordinator;
(2) After the notification required under subdivision (b)(1) of this section, twenty percent (20%) of the proceeds of any additional sale and any additional moneys forfeited or obtained by judgment or settlement under this subchapter in the same calendar year shall be deposited into the State Treasury as special revenues to be credited to the Arkansas Human Trafficking Council Support Fund, and the remainder shall be deposited into the asset forfeiture fund of the prosecuting attorney;
(3) Failure of the prosecuting attorney to comply with the notification requirement under subdivision (b)(1) of this section renders the prosecuting attorney and any entity eligible to receive forfeited moneys or property from the prosecuting attorney ineligible to receive forfeited moneys or property, except as provided in § 5-5-606; and
(4) Twenty percent (20%) of any moneys in excess of twenty thousand dollars ($20,000) that have been retained but not reported as required by subdivision (b)(1) of this section are subject to recovery for deposit into the State Treasury as special revenues to be credited to the Arkansas Human Trafficking Council Support Fund.
(c) (1) The prosecuting attorney shall administer expenditures from the asset forfeiture fund, which is subject to audit by Arkansas Legislative Audit.(2) Moneys distributed from the asset forfeiture fund shall only be used for law enforcement and prosecutorial purposes and moneys in the asset forfeiture fund shall be distributed in the following order:(A) For satisfaction of any bona fide security interest or lien;(B) For payment of any proper expense of the proceeding for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs;(C) Any balance under two hundred fifty thousand dollars ($250,000) shall be distributed proportionally to reflect generally the contribution of the appropriate local or state law enforcement or prosecutorial agency's participation in any activity that led to the seizure or forfeiture of the property or deposit of moneys under this subchapter; and(D) Any balance over two hundred fifty thousand dollars ($250,000) resulting from the seizure or forfeiture of property or deposit of moneys under this subchapter shall be forwarded to the Human Trafficking Coordinator to be transferred to the State Treasury for deposit into the Arkansas Human Trafficking Council Support Fund.
(1) The prosecuting attorney shall administer expenditures from the asset forfeiture fund, which is subject to audit by Arkansas Legislative Audit.
(2) Moneys distributed from the asset forfeiture fund shall only be used for law enforcement and prosecutorial purposes and moneys in the asset forfeiture fund shall be distributed in the following order:(A) For satisfaction of any bona fide security interest or lien;(B) For payment of any proper expense of the proceeding for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs;(C) Any balance under two hundred fifty thousand dollars ($250,000) shall be distributed proportionally to reflect generally the contribution of the appropriate local or state law enforcement or prosecutorial agency's participation in any activity that led to the seizure or forfeiture of the property or deposit of moneys under this subchapter; and(D) Any balance over two hundred fifty thousand dollars ($250,000) resulting from the seizure or forfeiture of property or deposit of moneys under this subchapter shall be forwarded to the Human Trafficking Coordinator to be transferred to the State Treasury for deposit into the Arkansas Human Trafficking Council Support Fund.
(A) For satisfaction of any bona fide security interest or lien;
(B) For payment of any proper expense of the proceeding for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs;
(C) Any balance under two hundred fifty thousand dollars ($250,000) shall be distributed proportionally to reflect generally the contribution of the appropriate local or state law enforcement or prosecutorial agency's participation in any activity that led to the seizure or forfeiture of the property or deposit of moneys under this subchapter; and
(D) Any balance over two hundred fifty thousand dollars ($250,000) resulting from the seizure or forfeiture of property or deposit of moneys under this subchapter shall be forwarded to the Human Trafficking Coordinator to be transferred to the State Treasury for deposit into the Arkansas Human Trafficking Council Support Fund.
(d) (1) For a forfeiture in an amount greater than two hundred fifty thousand dollars ($250,000) from which expenses are paid for a proceeding for forfeiture and sale under subdivision (c)(2)(B) of this section, an itemized accounting of the expenses shall be delivered to the Human Trafficking Coordinator within ten (10) calendar days after the payment of the expenses.(2) The itemized accounting shall include the expenses paid, to whom paid, and for what purposes the expenses where paid.
(1) For a forfeiture in an amount greater than two hundred fifty thousand dollars ($250,000) from which expenses are paid for a proceeding for forfeiture and sale under subdivision (c)(2)(B) of this section, an itemized accounting of the expenses shall be delivered to the Human Trafficking Coordinator within ten (10) calendar days after the payment of the expenses.
(2) The itemized accounting shall include the expenses paid, to whom paid, and for what purposes the expenses where paid.
(e) (1) (A) There is created on the books of each law enforcement agency and prosecuting attorney a human trafficking control fund.(B) The human trafficking control fund shall consist of any moneys obtained under subsection (b) of this section and any other revenue as may be provided by law or ordinance.(C) Moneys in the human trafficking control fund:(i) May not supplant other local, state, or federal funds;(ii) Are appropriated on a continuing basis and are not subject to the Revenue Stabilization Law, § 19-20-101 et seq.; and(iii) Shall only be used for law enforcement and prosecutorial purposes, including without limitation to provide a grant of up to one thousand dollars ($1,000) to the family of a law enforcement officer who dies in the prosecuting attorney's jurisdiction.(D) The human trafficking control fund is subject to audit by Arkansas Legislative Audit.(2) A law enforcement agency and prosecuting attorney shall submit to the Human Trafficking Coordinator on or before January 1 and July 1 of each year a report detailing any moneys received and expenditure made from the human trafficking control fund during the preceding six-month period.
(1) (A) There is created on the books of each law enforcement agency and prosecuting attorney a human trafficking control fund.(B) The human trafficking control fund shall consist of any moneys obtained under subsection (b) of this section and any other revenue as may be provided by law or ordinance.(C) Moneys in the human trafficking control fund:(i) May not supplant other local, state, or federal funds;(ii) Are appropriated on a continuing basis and are not subject to the Revenue Stabilization Law, § 19-20-101 et seq.; and(iii) Shall only be used for law enforcement and prosecutorial purposes, including without limitation to provide a grant of up to one thousand dollars ($1,000) to the family of a law enforcement officer who dies in the prosecuting attorney's jurisdiction.(D) The human trafficking control fund is subject to audit by Arkansas Legislative Audit.
(A) There is created on the books of each law enforcement agency and prosecuting attorney a human trafficking control fund.
(B) The human trafficking control fund shall consist of any moneys obtained under subsection (b) of this section and any other revenue as may be provided by law or ordinance.
(C) Moneys in the human trafficking control fund:(i) May not supplant other local, state, or federal funds;(ii) Are appropriated on a continuing basis and are not subject to the Revenue Stabilization Law, § 19-20-101 et seq.; and(iii) Shall only be used for law enforcement and prosecutorial purposes, including without limitation to provide a grant of up to one thousand dollars ($1,000) to the family of a law enforcement officer who dies in the prosecuting attorney's jurisdiction.
(i) May not supplant other local, state, or federal funds;
(ii) Are appropriated on a continuing basis and are not subject to the Revenue Stabilization Law, § 19-20-101 et seq.; and
(iii) Shall only be used for law enforcement and prosecutorial purposes, including without limitation to provide a grant of up to one thousand dollars ($1,000) to the family of a law enforcement officer who dies in the prosecuting attorney's jurisdiction.
(D) The human trafficking control fund is subject to audit by Arkansas Legislative Audit.
(2) A law enforcement agency and prosecuting attorney shall submit to the Human Trafficking Coordinator on or before January 1 and July 1 of each year a report detailing any moneys received and expenditure made from the human trafficking control fund during the preceding six-month period.
(f) (1) Any moneys received by a prosecuting attorney or law enforcement agency from a federal forfeiture shall be deposited and maintained in a separate account subject to the following provisions:(A) Any balance over two hundred fifty thousand dollars ($250,000) in the separate account shall be distributed as set forth in subdivision (f)(2) of this section;(B) No other moneys may be maintained in the separate account except for any interest income generated by the separate account;(C) Moneys in the separate account shall only be used for law enforcement and prosecutorial purposes consistent with governing federal law; and(D) The separate account is subject to audit by Arkansas Legislative Audit.(2) Any balance over two hundred fifty thousand dollars ($250,000) shall be forwarded to the Division of Arkansas State Police to be transferred to the State Treasury for deposit into the Arkansas Human Trafficking Council Support Fund in which the balance shall be maintained separately and distributed consistent with governing federal law.
(1) Any moneys received by a prosecuting attorney or law enforcement agency from a federal forfeiture shall be deposited and maintained in a separate account subject to the following provisions:(A) Any balance over two hundred fifty thousand dollars ($250,000) in the separate account shall be distributed as set forth in subdivision (f)(2) of this section;(B) No other moneys may be maintained in the separate account except for any interest income generated by the separate account;(C) Moneys in the separate account shall only be used for law enforcement and prosecutorial purposes consistent with governing federal law; and(D) The separate account is subject to audit by Arkansas Legislative Audit.
(A) Any balance over two hundred fifty thousand dollars ($250,000) in the separate account shall be distributed as set forth in subdivision (f)(2) of this section;
(B) No other moneys may be maintained in the separate account except for any interest income generated by the separate account;
(C) Moneys in the separate account shall only be used for law enforcement and prosecutorial purposes consistent with governing federal law; and
(D) The separate account is subject to audit by Arkansas Legislative Audit.
(2) Any balance over two hundred fifty thousand dollars ($250,000) shall be forwarded to the Division of Arkansas State Police to be transferred to the State Treasury for deposit into the Arkansas Human Trafficking Council Support Fund in which the balance shall be maintained separately and distributed consistent with governing federal law.