Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 8 - ENFORCEMENT › Appendix B - Notice of Intention to Administratively Forfeit Property

Current through June, 2024
TO: (insert: interested parties) AND ANY AND ALL PERSONS
					 WHO MAY HAVE INTERESTS IN THE DESCRIBED PROPERTY AND ALL KNOWN OR UNKNOWN
					 INTERESTED PARTIES OF OR INTEREST HOLDERS IN THE DESCRIBED PORPERTY:
YOU ARE HEREBY NOTIFIED that a Petition for Administrative
					 Forfeiture has been filed with the Department of the Attorney General seeking
					 forfeiture of the property described above pursuant to the Hawaii Omnibus
					 Forfeiture Act, Title 37, (hereinafter referred to as "Forfeiture Act"),
					 Chapter 712A of the Hawaii Revised Statutes, as amended. The property was
					 seized for forfeiture on (insert: date), in the County of (insert: county).
					 State of Hawaii, and is alleged to be subject to forfeiture because of its
					 connection with the violation of (insert: violations)
YOU ARE FURTHER NOTIFIED that you may respond to this
					 notice by doing one, but only one of the following:
1. You may do nothing, in which case the property will be
					 administratively forfeited;
2. You may file a Petition for Remission or Mitigation with
					 the Department of the Attorney General. A Petition for Remission or Mitigation
					 admits that the property is subject to forfeiture but asks the Attorney General
					 to pardon the property, in whole or in part, due to extenuating circumstances.
					 The Attorney General's decision is final, not subject to appeal, and may be
					 made without hearing:
a. A Petition for Remission or Mitigation must be signed by
					 the petitioner, and sworn on oath before a notary public (a suggested version
					 of which is attached as Exhibit "1") and shall contain the following:
i. A reasonably complete description of the
					 property;
ii. A statement of the interest of the petitioner in the
					 property, as owner or interest-holder which may be supported by bills of sale,
					 contracts, or mortgages, or other documentary evidence; and
iii. Facts and circumstances sufficient to show whether
					 you:
A. Own or hold an interest as defined by Section
					 712A-1, Hawaii
					 Revised Statutes, in the seized property;
B. Had any knowledge that the property was or would be
					 involved in any violation of the law;
C. Had any knowledge of the particular violation, which
					 subjected the property to seizure and forfeiture; and
D. Had any knowledge that the user of the property had any
					 record, including arrests, except where the person was acquitted or the charges
					 dismissed due to lack of evidence, for the violation that subjected the
					 property to seizure and forfeiture or for any crime which is similar in
					 nature.
b. If the Attorney General, with sole discretion,
					 determines that remission is not warranted, the Attorney General may, in his or
					 her discretion, mitigate the forfeiture where the petitioner has met the
					 minimum requirements for remission but where there are other extenuating
					 circumstances indicating that some relief should be granted to avoid extreme
					 hardship. Extenuating circumstances include:
i. Language or cultural barrier;
ii. Humanitarian factors such as youth or extreme
					 age;
iii. Presence of physical or mental disease, disorder or
					 defect;
iv. Limited or peripheral criminal culpability;
v. Cooperation with the seizing agency or the prosecuting
					 attorney; and
vi. Any contributory error on the part of government
					 officials.
c. The Attorney General will inquire into the facts and
					 circumstances alleged in the Petition for Remission or Mitigation and provide a
					 written decision on the Petition within sixty (60) days. If the circumstances
					 of the case require more time, the Petitioner will be notified in writing
					 within the sixty (60)-day period, informed of the circumstances requiring more
					 time, and further notified of the expected decision date; or
3. You may file a claim and a cost bond or a claim and an
					 in forma pauperis bond with the Department of the Attorney General to seek
					 judicial determination of the forfeiture:
a. A claim must be signed by the claimant, be sworn on oath
					 before a notary public, and comply with the requirements of Section
					 712A-12(5),
					 Hawaii Revised Statutes, as amended, and shall be accompanied by one of the
					 following:
i. A cost bond in the amount of $2,500.00 or ten percent of
					 the appraised or estimated value of the property, whichever is greater;
					 or
ii. An in forma pauperis bond consisting of a declaration
					 in the form of and containing the elements specified in the Appendix to the
					 Hawaii Rules of Penal Procedure, a suggested version of which is attached as
					 Exhibit "2".
b. Upon receipt of the claim and bond, the Attorney General
					 will notify the Prosecuting Attorney who may either petition the Circuit Court
					 for forfeiture of the property or may elect to honor the claim and forego
					 further forfeiture proceedings. If the Prosecuting Attorney petitions the
					 Circuit Court for forfeiture and prevails, all costs and expenses of the
					 proceedings will be deducted from any cost bond filed. If the Prosecuting
					 Attorney foregoes further proceedings, the seizing agency will be instructed to
					 release the property, or some specified interest in it.
One extension of thirty (30) days for filing said petition
					 or claim may be granted upon a written request to the Department of the
					 Attorney General, demonstrating good cause, provided the request is received
					 within the thirty (30) day period provided for filing of a petition or claim.
					 The Attorney General shall decide and provide a written decision on the request
					 for extension.
A Petition for Remission or Mitigation; a claim and bond;
					 or a request for extension of thirty (30) days must be filed with the
Department of the Attorney General, Civil Recoveries Division, 425 Queen
					 Street, Honolulu, Hawaii, 96813,
within thirty (30) days after you
					 receive the Notice of Intention to Administratively Forfeit Property (Notice)
					 or thirty (30) days after the date on which this Notice is published in a
					 newspaper of general circulation in the county in which the seizure for
					 forfeiture took place, whichever occurs first.
IF YOU FAIL TO FILE A PETITION FOR REMISSION OR MITIGATION;
					 A CLAIM AND COST; A CLAIM AND IN FORMA PAUPERIS BOND; OR AN EXTENSION REQUEST
					 IN A TIMELEY MANNER AND IN SUBSTANTIAL COMPLIANCE WITH SECTION
					 712A-10
					 OF THE HAW AH REVISED STATUTES, AS AMENDED, THE PETITION FOR ADMINISTRATIVE
					 FORFEITURE WILL BE GRANTED AND THE PROPERTY SHALL BE FORFEITED TO THE STATE OF
					 HAWAII.
DATED: Honolulu, Hawaii:__________________
(Insert: Name-
PROSECUTING
					 ATTORNEY
)
Prosecuting Attorney for the
(insert:
County Name
)
Petitioner
______________
(Insert: Name -
DEPUTY PROSECUTING
					 ATTORNEY
)
Deputy Prosecuting Attorney
(insert:
County
					 Name
)