NY Gen Mun L § 6-V (2021)
2021 New York Laws GMU - General Municipal Article 2 - General Municipal Finances 6-V - Asset Forfeiture Escrow Fund.

§ 6-v. Asset forfeiture escrow fund. 1. As used in this section:   a. The term "governing board", insofar as it is used in reference to a village, shall mean the board of trustees thereof; insofar as it is used in reference to a town, shall mean the town board thereof; insofar as it is used in reference to a county, shall mean the board of supervisors or the  county legislature thereof, as applicable; insofar as it is used in reference to a city, shall mean the "legislative body" thereof, as  that term  is  defined  in  subdivision seven of section two of the municipal home rule law.   b. The term "chief fiscal officer" shall mean:  (i) In the case of counties operating under (1) an alternative form of county government or charter enacted as a state statute or adopted under the alternative county government law or  by  local  law,  the  official designated  in  such statute, consolidated law or local law as the chief fiscal officer, or, if no such designation is made therein, the official possessing powers and duties similar to  those  of  a  county  treasurer under the county law as shall be designated by local law.  (2) In the case of counties not operating under an alternative form of county government or charter enacted as a state statute or adopted under the  alternative  county  government law or by local law, the treasurer, except that, in the case of counties having a comptroller, it shall mean the comptroller.  (ii) In the case of cities, the comptroller; if a city does not have a comptroller, the treasurer; if a city has neither a  comptroller  nor  a treasurer,  such  official possessing powers and duties similar to those of  a  city  treasurer  as  the  finance  board  shall,  by  resolution, designate.  A certified copy of such designation shall be filed with the state comptroller and shall be a public record.  (iii) In the case of towns, the town supervisor; if a  town  has  more than one supervisor, the presiding supervisor.  (iv) In the case of villages, the village treasurer.   c.  The  term  "claiming  authority"  shall mean the district attorney having jurisdiction over the offense or the attorney general for purpose of those crimes for which the attorney general has criminal jurisdiction in a case where the underlying criminal charge has  been,  is  being  or could  have  been  brought  by  the attorney general, or the appropriate corporation counsel or county attorney, where such  corporation  counsel or county attorney may act as a claiming authority only with the consent of the district attorney or the attorney general, as appropriate.   d.  The term "claiming agent" shall mean and shall include all persons described in subdivision thirty-four of section  1.20  of  the  criminal procedure  law,  and  sheriffs,  undersheriffs  and  deputy  sheriffs of counties within the city of New York.   2. The governing board shall authorize the establishment of  an  asset forfeiture  escrow  fund for any claiming agent or claiming authority as is deemed necessary for the monies and  proceeds  of  sale  of  property realized  as  a  consequence of any forfeiture. The separate identity of such fund shall be maintained.   3. There shall be paid into  the  asset  forfeiture  escrow  fund  all proceeds  realized as a consequence of any forfeiture action. Such funds shall include, but are not limited to, all funds and any property (real, personal, tangible and/or intangible) that  are  forfeited  pursuant  to agreement  or  otherwise  prior  to,  in lieu of or after the lodging of criminal charges, pre-indictment, post-indictment, or  after  conviction by plea or trial. Such funds shall also include funds that are forfeited in compromise of charges that are never brought.   4.  The  monies and proceeds in the asset forfeiture escrow fund shall be deposited and secured in the manner provided by section ten  of  this  article. All monies and proceeds so deposited in such fund shall be kept in  a  separate  bank  account.  The chief fiscal officer may invest the moneys in such fund in the manner provided in  section  eleven  of  this article.  Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of such fund.  The separate  identity  of such fund shall be maintained, whether its assets consist of cash, investments, or both.   5. Every claim for the payment of  money  from  the  asset  forfeiture escrow  fund shall specify the purpose of the requested payment and must be accompanied by a written certification that  the  expenditure  is  in compliance  with  all  applicable laws. Payments from such fund shall be made by the chief fiscal officer subject to the  required  certification and the determination of fund sufficiency.   6.  The  chief fiscal officer, at the termination of each fiscal year, shall render a detailed report of the operation  and  condition  of  the asset  forfeiture  escrow  fund  to  the  governing  board and the state comptroller. Such report shall be subject to examination and audit.  The chief  fiscal  officer may account for such fund separate and apart from all other funds of the village, town, county, and city.