40 KAR 4:010. Disbursement of asset

forfeiture receipts.

 

      RELATES TO: KRS 218A.420(4)

      STATUTORY AUTHORITY: KRS 218A.420(5)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 218A.420(4)(b)

provides that a portion of the proceeds from the sale of property forfeited

under KRS Chapter 218A shall be paid to the Prosecutors Advisory Council for

deposit on behalf of the Commonwealth’s attorney or county attorney

participating in the forfeiture. This administrative regulation establishes the

procedure for payment of these moneys and the specific purposes for which these

funds shall be expended.

 

      Section 1. Definitions. (1) "Asset

forfeiture moneys" means the portion of the proceeds from the sale of

property forfeited under KRS Chapter 218A which is paid to the Prosecutor’s

Advisory Council and deposited on behalf of the Commonwealth’s attorney or county

attorney whose office participated in the forfeiture as provided under KRS

218A.420(4)(b).

      (2) "National Code of Professional

Conduct for Asset Forfeiture" means the National Code of Professional

Conduct for Asset Forfeiture attached as Appendix G to the United States

Department of Justice’s Guide to Equitable Sharing of Federally Forfeited

Property for State and Local Law Enforcement (March 1994) (GPO Ref. No.

1994-301-175/14299).

 

      Section 2. Submission of Asset Forfeiture

Moneys. (1) Asset forfeiture moneys paid to a Commonwealth’s or county attorney

shall be forwarded by the Commonwealth’s or county attorney to the Prosecutors

Advisory Council, Office of the Attorney General, 1024 Capital Center Drive,

Frankfort, Kentucky 40601-8204.

      (2) Any asset forfeiture check forwarded

to the Prosecutor’s Advisory Council shall be accompanied by the following:

      (a) A copy of the final order of

forfeiture; and

      (b) A completed "Submission of Asset

Forfeiture Moneys," form.

      (3) Any asset forfeiture moneys submitted

to the Prosecutors Advisory Council without the foregoing shall be returned to

the Commonwealth’s or county attorney within two (2) weeks.

 

      Section 3. Application. Commonwealth's attorneys

or county attorneys having asset forfeiture moneys on

deposit with the Prosecutors Advisory Council and entitled to expend those

monies under KRS 218A.420(4)(b) shall apply in writing for payment of

asset forfeiture proceeds by completing the "Application for Expenditure

of Asset Forfeiture Funds," and submitting it to the Office of Attorney

General, Prosecutors Advisory Council.

 

      Section 4. Use of Asset Forfeiture

Moneys. (1) All asset forfeiture moneys paid to a Commonwealth’s attorney or county

attorney shall be expended for legitimate law enforcement purposes, including

the following purposes:

      (a) Operating expenses directly relating

to protracted, extraordinary, or complex prosecution of crimes;

      (b) Payment for forensic and other scientific

testing of evidence related to criminal prosecution;

      (c) The purchase of technical or computer

equipment, including telecommunication systems or devices, or expertise related

to criminal prosecution, provided that any usage not directly related to

criminal prosecution shall be prorated and shall not be paid with any funds allocated

by the Prosecutors Advisory Council;

      (d) Expenses associated with the conduct

of grand jury proceedings;

      (e) Payment for continuing legal

education and other training relating to criminal justice, including

reimbursement for reasonable travel and lodging to attend trainings;

      (f) Dues or subscriptions to newspapers,

magazines, publications, and organizations providing support services to Commonwealth’s

and county attorneys, including but not limited to the Kentucky Bar Association,

the National District Attorneys Association, the National Association of

Prosecutor Coordinators, the American Prosecutors Research Institute, the

Kentucky Association of Counties, the Kentucky Commonwealth’s Attorneys

Association, the Kentucky County Attorney’s Association and the Fraternal Order

of Police;

      (g) De minimus expenses for refreshments

furnished to employees, victims, other witnesses and visitors at the office of

the Commonwealth’s or County attorney, which are provided as a convenience in

the exercise of the prosecution of crimes; and

      (h) Programs, communications and

advertising, including apparel identifying the office of the Commonwealth’s or county

attorney, which relates to education, crime prevention and prosecution.

      (2) Asset forfeiture moneys provided

pursuant to KRS 218A.420(4) shall not be used for the following expenditures:

      (a) Civic memberships or charitable

contributions unrelated to a legitimate law enforcement purpose;

      (b) Payment for personal political

advertising or other communications, including items bearing the name,

likeness, or logo depicting the candidacy of any person;

      (c) Payment for airfare for any class of

ticket other than coach or economy;

      (d) Personal loans or any payment that

would bestow a personal pecuniary benefit unrelated to a legitimate law

enforcement purpose;

      (e) The purchase of alcoholic beverages;

      (f) Expenses for interior decorating,

including pictures, art, and holiday decorations unrelated to a legitimate law

enforcement purpose;

      (g) Expenses for private communications

or gifts related birthdays, funerals, or other special events; and

      (h) Expenses for personal apparel,

including t-shirts, sweatshirts, hats, weather gear, or identifying buttons or

badges unrelated to a legitimate law enforcement purpose.

      (3) Asset forfeiture moneys shall be used

in accordance with KRS 218A.420(4) and shall not be used to defray or otherwise

replace the ordinary operating expenses of the Commonwealth’s or county attorney

to whom the moneys are paid.

      (4) Consistent with the National Code of

Professional Conduct for Asset Forfeiture, which is incorporated by reference,

the following ethical prohibitions shall be applied to the expenditure of asset

forfeiture moneys:

      (a) The potential revenue from asset

forfeiture moneys shall not be permitted to jeopardize the effective

investigation and prosecution of criminal offenses, officer safety, the

integrity of an ongoing investigation, or the due process rights of citizens;

and

      (b) Neither the employment nor salary of

any employee of the unified prosecutorial system shall be made to depend upon

either the level of seizures or the amount of asset forfeiture moneys he or she

achieves.

 

      Section 5. Property purchased with money

allocated from the fund shall be deemed property of the Commonwealth of

Kentucky.

 

      Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

      (a) "Submission of Asset Forfeiture

Moneys", December 2007;

      (b) "Application for Expenditure of

Asset Forfeiture Funds", December 2007; and

      (c) "National Code of Professional

Conduct for Asset Forfeiture", United States GPO 1994.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Prosecutors

Advisory Council, Office of the Attorney General, 1024 Capital Center Drive,

Frankfort, Kentucky 40601-8204, Monday through Friday, 8 a.m. to 4:30 p.m. (17

Ky.R. 2917; eff. 4-25-91; 34 Ky.R. 1777; 2084; eff. 4-4-08.)