13-4309

13-4309. Uncontested forfeiture

If a forfeiture is authorized by law, the attorney for the state may make
uncontested civil forfeiture available to owners of and interest holders in personal
property in the following manner:

1. If the attorney for the state in his discretion makes uncontested forfeiture
available, he shall provide notice of pending forfeiture by giving notice within thirty
days after seizure for forfeiture as provided in section 13-4307 to all persons known to
have an interest who have not previously received the notice.

2. An owner of or interest holder in the property may elect to file either a claim
with the court within thirty days after the notice or a petition for remission or
mitigation of forfeiture with the attorney for the state within thirty days after the
notice and not after a complaint has been filed, but may not file both. The claim or
petition shall comply with the requirements for claims in section 13-4311, subsections E
and F.

3. The following apply if one or more owners or interest holders timely file a
petition for remission or mitigation:

(a) The attorney for the state shall inquire into whether the property is subject
to forfeiture and the facts and circumstances surrounding petitions for remission or
mitigation of forfeiture.

(b) The attorney for the state shall provide the seizing agency and the petitioner
with a written declaration of forfeiture, remission or mitigation of any or all interest
in the property in response to each petition within ninety days after the effective date
of the notice of pending forfeiture unless one or more petitioners request an extension
of time in writing or unless the circumstances of the case require additional time, in
which case the attorney for the state shall notify the petitioner in writing and with
specificity within the ninety day period that the circumstances of the case require
additional time and further notify the petitioner of the expected decision date. In no
event shall the mailing of the declaration be more than one hundred twenty days after the
date of the state's notice of pending forfeiture.

(c) An owner or interest holder in any property declared forfeited may file a claim
as described in section 13-4311, subsections E and F in the superior court in the county
in which the uncontested forfeiture was declared within thirty days after the mailing of
the declaration of forfeiture.

(d) If a declaration of forfeiture pursuant to this section is followed by a timely
claim, or at any other time, the attorney for the state may elect to proceed as provided
for judicial forfeitures.

(e) If no petitioner files a claim in the court within thirty days after the
mailing of the declaration of forfeiture, the declaration becomes final and the attorney
for the state shall proceed as provided in sections 13-4314 and 13-4315.

4. If no petitions for remission or mitigation or claims are timely filed, the
attorney for the state shall proceed as provided in sections 13-4314 and 13-4315.

5. If one or more petitions for remission or mitigation and one or more claims are
timely filed, no complaint for forfeiture need be filed by the state until sixty days
after an uncontested declaration of forfeiture.

6. If a judicial forfeiture proceeding follows a notice of pending forfeiture
making uncontested civil forfeiture available:

(a) No duplicate or repetitive notice or claim is required. The judicial
proceedings shall adjudicate all timely filed claims. If a claim has been timely filed
pursuant to paragraph 2 or 3 of this section it shall be determined in a judicial
forfeiture proceeding after the commencement of such a proceeding pursuant to section
13-4311, subsection A or section 13-4312, subsection A.

(b) The declarations of forfeiture, remission or mitigation responsive to all
petitioners who subsequently filed claims are void and shall be regarded as rejected
offers to compromise.