§ 7-15-4.1 Asset forfeiture fund. –(a) Title to all property forfeited pursuant to this chapter, except for thatproperty awarded by the court to the victims of violations of the chapterpursuant to § 7-15-4(c), vest in the state of Rhode Island. There isestablished within the general treasury of the state a special fund to be knownas the asset forfeiture fund in which shall be deposited all proceeds of anyforfeitures. Where the forfeited property is a vessel, vehicle, aircraft, orother personal property the use of which reasonably relates to law enforcementduties, title to the property may be transferred to the law enforcement agencywhich seized it. Where the forfeited property is personal property the use ofwhich is not reasonably related to law enforcement duties and where theforfeited property is real estate or an interest in real estate, it shall besold under the direction of the general treasurer and the proceeds of the saledeposited in the asset forfeiture fund. Where the forfeited property consistsof negotiable instruments, securities, or other intangible property, it shallbe maintained by the general treasurer as part of the asset forfeiture fund andmay be sold at his or her discretion and the proceeds deposited in the fund.Where the forfeited property consists of money, both coin and currency, itshall be deposited in the asset forfeiture fund.
(b) The fund shall be utilized for the following purposes:
(1) The payment of reasonable expenses required for theseizure, management and liquidation of forfeited property and for thereimbursement of federal, state, or local law enforcement agencies for anyreasonable expenditures made by them in the performance of the precedingfunctions;
(2) The payment of awards for information or assistanceleading to a civil or criminal proceeding under this chapter, provided that anypayment or combination of payments to any one individual or group ofindividuals in excess of twenty five hundred dollars ($2500) from the fund mustbe approved by the presiding justice of the superior court or an associatejustice of the court designated by him or her;
(3) The compromise and payment of claims against propertyforfeited pursuant to the chapter, provided that any payment in settlement of aclaim which is in excess of twenty five hundred dollars ($2500) from the fundmust be approved by the presiding justice of the superior court or an associatejustice of the court designated by him or her;
(4) The payment of twenty five percent (25%) of the netproceeds of a forfeiture to the Rhode Island law enforcement agency or agencieswhich accomplished the seizure to be used only for the purposes of futureinvestigations of racketeering activity as defined in these provisions. No lawenforcement agency of the state is entitled to keep more than fifty thousanddollars ($50,000) per calendar year under this section. No law enforcementagency of a city or town with a population in excess of twenty thousand(20,000) is entitled to keep more than thirty five thousand dollars ($35,000)per calendar year under this section. No law enforcement agency of a city ortown with a population of twenty thousand (20,000) or less is entitled to keepmore than fifteen thousand dollars ($15,000) per calendar year under thissection.
(c) The attorney general shall report each forfeiturepursuant to this chapter to the general treasurer within thirty (30) days ofthe issuance of the judgment of forfeiture by the court.
(d) Upon the application of any law enforcement agency of thestate of Rhode Island when a special need exists concerning the enforcement ofthe provisions of this chapter, the attorney general may apply to the presidingjustice of the superior court for the release from the general treasury of sumsof money not to exceed fifty thousand dollars ($50,000) per investigation. Whenthe presiding justice, upon consideration of the reasons set forth by theagency, deems the funds to be reasonable and necessary to the accomplishment ofa goal within the powers and duties of the law enforcement agency, he or shemay issue an order ex parte providing for the release of the funds.
(e) The attorney general and the general treasurer shalltransmit to the General Assembly no later than February 1st of each year, adetailed report on the nature and value of the assets forfeited and theirdisposition, on the amounts deposited in the fund, and a detailed descriptionof withdrawals from the fund and the uses of the withdrawals, during theprevious calendar year, but shall not make any disclosure which wouldcompromise any investigation or prosecution.
§ 7-15-4.1 Asset forfeiture fund. –(a) Title to all property forfeited pursuant to this chapter, except for thatproperty awarded by the court to the victims of violations of the chapterpursuant to § 7-15-4(c), vest in the state of Rhode Island. There isestablished within the general treasury of the state a special fund to be knownas the asset forfeiture fund in which shall be deposited all proceeds of anyforfeitures. Where the forfeited property is a vessel, vehicle, aircraft, orother personal property the use of which reasonably relates to law enforcementduties, title to the property may be transferred to the law enforcement agencywhich seized it. Where the forfeited property is personal property the use ofwhich is not reasonably related to law enforcement duties and where theforfeited property is real estate or an interest in real estate, it shall besold under the direction of the general treasurer and the proceeds of the saledeposited in the asset forfeiture fund. Where the forfeited property consistsof negotiable instruments, securities, or other intangible property, it shallbe maintained by the general treasurer as part of the asset forfeiture fund andmay be sold at his or her discretion and the proceeds deposited in the fund.Where the forfeited property consists of money, both coin and currency, itshall be deposited in the asset forfeiture fund.
(b) The fund shall be utilized for the following purposes:
(1) The payment of reasonable expenses required for theseizure, management and liquidation of forfeited property and for thereimbursement of federal, state, or local law enforcement agencies for anyreasonable expenditures made by them in the performance of the precedingfunctions;
(2) The payment of awards for information or assistanceleading to a civil or criminal proceeding under this chapter, provided that anypayment or combination of payments to any one individual or group ofindividuals in excess of twenty five hundred dollars ($2500) from the fund mustbe approved by the presiding justice of the superior court or an associatejustice of the court designated by him or her;
(3) The compromise and payment of claims against propertyforfeited pursuant to the chapter, provided that any payment in settlement of aclaim which is in excess of twenty five hundred dollars ($2500) from the fundmust be approved by the presiding justice of the superior court or an associatejustice of the court designated by him or her;
(4) The payment of twenty five percent (25%) of the netproceeds of a forfeiture to the Rhode Island law enforcement agency or agencieswhich accomplished the seizure to be used only for the purposes of futureinvestigations of racketeering activity as defined in these provisions. No lawenforcement agency of the state is entitled to keep more than fifty thousanddollars ($50,000) per calendar year under this section. No law enforcementagency of a city or town with a population in excess of twenty thousand(20,000) is entitled to keep more than thirty five thousand dollars ($35,000)per calendar year under this section. No law enforcement agency of a city ortown with a population of twenty thousand (20,000) or less is entitled to keepmore than fifteen thousand dollars ($15,000) per calendar year under thissection.
(c) The attorney general shall report each forfeiturepursuant to this chapter to the general treasurer within thirty (30) days ofthe issuance of the judgment of forfeiture by the court.
(d) Upon the application of any law enforcement agency of thestate of Rhode Island when a special need exists concerning the enforcement ofthe provisions of this chapter, the attorney general may apply to the presidingjustice of the superior court for the release from the general treasury of sumsof money not to exceed fifty thousand dollars ($50,000) per investigation. Whenthe presiding justice, upon consideration of the reasons set forth by theagency, deems the funds to be reasonable and necessary to the accomplishment ofa goal within the powers and duties of the law enforcement agency, he or shemay issue an order ex parte providing for the release of the funds.
(e) The attorney general and the general treasurer shalltransmit to the General Assembly no later than February 1st of each year, adetailed report on the nature and value of the assets forfeited and theirdisposition, on the amounts deposited in the fund, and a detailed descriptionof withdrawals from the fund and the uses of the withdrawals, during theprevious calendar year, but shall not make any disclosure which wouldcompromise any investigation or prosecution.
§ 7-15-4.1 Asset forfeiture fund. –(a) Title to all property forfeited pursuant to this chapter, except for thatproperty awarded by the court to the victims of violations of the chapterpursuant to § 7-15-4(c), vest in the state of Rhode Island. There isestablished within the general treasury of the state a special fund to be knownas the asset forfeiture fund in which shall be deposited all proceeds of anyforfeitures. Where the forfeited property is a vessel, vehicle, aircraft, orother personal property the use of which reasonably relates to law enforcementduties, title to the property may be transferred to the law enforcement agencywhich seized it. Where the forfeited property is personal property the use ofwhich is not reasonably related to law enforcement duties and where theforfeited property is real estate or an interest in real estate, it shall besold under the direction of the general treasurer and the proceeds of the saledeposited in the asset forfeiture fund. Where the forfeited property consistsof negotiable instruments, securities, or other intangible property, it shallbe maintained by the general treasurer as part of the asset forfeiture fund andmay be sold at his or her discretion and the proceeds deposited in the fund.Where the forfeited property consists of money, both coin and currency, itshall be deposited in the asset forfeiture fund.
(b) The fund shall be utilized for the following purposes:
(1) The payment of reasonable expenses required for theseizure, management and liquidation of forfeited property and for thereimbursement of federal, state, or local law enforcement agencies for anyreasonable expenditures made by them in the performance of the precedingfunctions;
(2) The payment of awards for information or assistanceleading to a civil or criminal proceeding under this chapter, provided that anypayment or combination of payments to any one individual or group ofindividuals in excess of twenty five hundred dollars ($2500) from the fund mustbe approved by the presiding justice of the superior court or an associatejustice of the court designated by him or her;
(3) The compromise and payment of claims against propertyforfeited pursuant to the chapter, provided that any payment in settlement of aclaim which is in excess of twenty five hundred dollars ($2500) from the fundmust be approved by the presiding justice of the superior court or an associatejustice of the court designated by him or her;
(4) The payment of twenty five percent (25%) of the netproceeds of a forfeiture to the Rhode Island law enforcement agency or agencieswhich accomplished the seizure to be used only for the purposes of futureinvestigations of racketeering activity as defined in these provisions. No lawenforcement agency of the state is entitled to keep more than fifty thousanddollars ($50,000) per calendar year under this section. No law enforcementagency of a city or town with a population in excess of twenty thousand(20,000) is entitled to keep more than thirty five thousand dollars ($35,000)per calendar year under this section. No law enforcement agency of a city ortown with a population of twenty thousand (20,000) or less is entitled to keepmore than fifteen thousand dollars ($15,000) per calendar year under thissection.
(c) The attorney general shall report each forfeiturepursuant to this chapter to the general treasurer within thirty (30) days ofthe issuance of the judgment of forfeiture by the court.
(d) Upon the application of any law enforcement agency of thestate of Rhode Island when a special need exists concerning the enforcement ofthe provisions of this chapter, the attorney general may apply to the presidingjustice of the superior court for the release from the general treasury of sumsof money not to exceed fifty thousand dollars ($50,000) per investigation. Whenthe presiding justice, upon consideration of the reasons set forth by theagency, deems the funds to be reasonable and necessary to the accomplishment ofa goal within the powers and duties of the law enforcement agency, he or shemay issue an order ex parte providing for the release of the funds.
(e) The attorney general and the general treasurer shalltransmit to the General Assembly no later than February 1st of each year, adetailed report on the nature and value of the assets forfeited and theirdisposition, on the amounts deposited in the fund, and a detailed descriptionof withdrawals from the fund and the uses of the withdrawals, during theprevious calendar year, but shall not make any disclosure which wouldcompromise any investigation or prosecution.
