Disposition of property forfeited

HRS §712A-16, under Chapter 712A.

HRS §712A-16

§712A-16 Disposition of property forfeited. (1) All property forfeited to the State under this chapter shall be transferred to the attorney general, who may:

(2) All forfeited property and the sale proceeds thereof shall, after payment of expenses of administration and sale, be distributed or retained as follows:

(3) All property and money distributed to units of state or local government pursuant to subsection (2)(a) and (b) shall be used for law enforcement purposes, including but not limited to drug recognition expert training and public awareness or outreach efforts, and shall complement but not supplant the funds regularly appropriated for these purposes.

(4) There shall be established in the department of the attorney general a special fund to be known as the criminal forfeiture fund into which shall be deposited the proceeds of a forfeiture and any penalties paid pursuant to section 712A-10(6). All moneys in the criminal forfeiture fund except for those disbursements provided for in subsection (2)(a) and (b) shall be expended by the attorney general and are hereby appropriated for the following purposes:

(5) The attorney general shall adopt rules necessary to carry out the purpose of this chapter, including rules concerning the return of seized property, the disposition of property, the use of the criminal forfeiture fund, and compromising and paying valid claims against property forfeited.

(6) No less than forty days before the convening of each regular session, the attorney general shall provide to the legislature a report on the use of the Hawaii omnibus criminal forfeiture act during the fiscal year preceding the legislative session. The report shall include: