KRS § 218A.420 — KY Code / Title XVIII / Chapter 218A / Section 218A.420
218A.420 Procedure for disposal of seized and forfeited property -- Distribution of proceeds -- Administrative regulations on use of funds -- Adoption of policies for seizure of forfeitable assets -- Asset-forfeiture training -- Vehicles -- Joint operations
Status: in_force

218A.420 Procedure for disposal of seized and forfeited property -- Distribution of

proceeds -- Administrative regulations on use of funds -- Adoption of policies

for seizure of forfeitable assets -- Asset-forfeiture training -- Vehicles -- Joint

operations.

(1) All property which is subject to forfeiture under this chapter shall be disposed of in

accordance with this section.

(2) All controlled substances which are seized and forfeited under this chapter shall be

ordered destroyed by the order of the trial court unless there is a legal use for them,

in which case they may be sold to a proper buyer as determined by the Cabinet for

Health and Family Services by promulgated regulations. Property other than

controlled substances may be destroyed on order of the trial court.

(3) When property other than controlled substances is forfeited under this chapter and

not retained for official use, it may be sold for its cash value. Any sale shall be a

public sale advertised pursuant to KRS Chapter 424.

(4) Coin, currency, or the proceeds from the sale of property forfeited shall be

distributed as follows:

(a) Eighty-five percent (85%) shall be paid to the law enforcement agency or

agencies which seized the property, to be used for direct law enforcement

purposes; and

(b) Fifteen percent (15%) shall be paid to the Office of the Attorney General or, in

the alternative, the fifteen percent (15%) shall be paid to the Prosecutors

Advisory Council for deposit on behalf of the Commonwealth's attorney or

county attorney who has participated in the forfeiture proceeding, as

determined by the court pursuant to subsection (9) of this section.

Notwithstanding KRS Chapter 48, these funds shall be exempt from any state

budget reduction acts.

The moneys identified in this subsection are intended to supplement any funds

otherwise appropriated to the recipient and shall not supplant other funding of any

recipient.

(5) The Attorney General, after consultation with the Prosecutors Advisory Council,

shall promulgate administrative regulations to establish the specific purposes for

which these funds shall be expended.

(6) Each state and local law enforcement agency that seizes property for the purpose of

forfeiture under KRS 218A.410 shall, prior to receiving any forfeited property,

adopt policies relating to the seizure, maintenance, storage, and care of property

pending forfeiture which are in compliance with or substantially comply with the

model policy for seizure of forfeitable assets by law enforcement agencies published

by the Department of Criminal Justice Training. However, a state or local law

enforcement agency may adopt policies that are more restrictive on the agency than

those contained in the model policy and that fairly and uniformly implement the

provisions of this chapter.

(7) Each state or local law enforcement agency that seizes property for the purpose of

forfeiture under KRS 218A.410 shall, prior to receiving forfeited property, have one

(1) or more officers currently employed attend asset-forfeiture training approved by

the Kentucky Law Enforcement Council, which shall approve a curriculum of study

for asset-forfeiture training.

(8) (a) Other provisions of this section notwithstanding and subject to the limitations

of paragraph (b) of this subsection, any vehicle seized by a law enforcement

agency which is forfeited pursuant to this chapter may be retained by the

seizing agency for official use or sold within its discretion. Proceeds from the

sale shall remain with the agency. The moneys shall be utilized for purposes

consistent with KRS 218A.405 to 218A.460. The seizing agency shall be

required to pay any bona fide perfected security interest on any vehicle so

forfeited.

(b) Any vehicle seized by a law enforcement agency which is forfeited pursuant to

this chapter and which has been determined by a state or local law

enforcement agency to be contaminated with methamphetamine as defined by

KRS 218A.1431 shall not be used, resold, or salvaged for parts, but instead

shall be destroyed or salvaged only for scrap metal. Any vehicle which is

forfeited pursuant to this chapter and has only transported prepackaged

materials or products, precursors, or any other materials which have not been

subjected to extraction either directly or indirectly from substances of natural

origin or independently by means of chemical synthesis, or by a combination

of extraction and chemical synthesis extraction, shall not be deemed

contaminated with methamphetamine under this section.

(9) When money or property is seized in a joint operation involving more than one (1)

law enforcement agency or prosecutorial office, the apportionment of funds to each

pursuant to subsection (4) of this section shall be made among the agencies in a

manner to reflect the degree of participation of each agency in the law enforcement

effort resulting in the forfeiture, taking into account the total value of all property

forfeited and the total law enforcement effort with respect to the violation of law on

which the forfeiture is based. The trial court shall determine the proper division and

include the determination in the final order of forfeiture.