TITLE 21
Food And Drugs
CHAPTER 21-28
Uniform Controlled Substances Act
ARTICLE 21-28-5.01
Powers of Enforcement Personnel
SECTION 21-28-5.04
§ 21-28-5.04 Forfeiture of property and
money.
(a) Any property, real or personal, including, but not limited to, vessels,
vehicles, or aircraft, and money or negotiable instruments, securities, or
other things of value or any property constituting, or derived from any
proceeds, furnished, or intended to be furnished, by any person for the
transportation of, or in exchange for, a controlled substance and that has
been, or is being used, in violation of § 21-28-4.01(a) or 21-28-4.01(b)
or in, upon, or by means of which any violation of §§ 21-28-4.01(a)
or 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-28-4.08 has
taken, or is taking place, and all real property including any right, title,
and interest in the whole of any lot or tract of land and any appurtenances or
improvements that is used in the commission of a violation of §§
21-28-4.01(a) or 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or
21-28-4.08, or that was purchased with funds obtained as a result of the
commission of a violation of §§ 21-28-4.01(a) or §§
21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-28-4.08, shall
be seized and forfeited; provided that no property or money, as enumerated in
this subsection, used by any person shall be forfeited under the provisions of
this chapter unless it shall appear that the owner of the property or money had
knowledge, actual or constructive, and was a consenting party to the alleged
illegal act. All moneys, coin and currency, found in close proximity to
forfeitable controlled substances, to forfeitable drug manufacturing or
distributing paraphernalia, or to forfeitable records of the importation,
manufacture, or distribution of controlled substances, are presumed to be
unlawfully furnished in exchange for a controlled substance or used in
violation of this chapter. The burden of proof is upon claimants of the
property to rebut this presumption.
(b) Property taken or detained under this section shall not
be repleviable, but shall be deemed to be in the custody of the law enforcement
agency making the seizure and whenever property or money is forfeited under
this chapter it shall be utilized as follows:
(1) Where the seized property is a vessel, vehicle, aircraft,
or other personal property it may be retained and used by the law enforcement
agency that seized the property where the use of the property is reasonably
related to the law enforcement duties of the seizing agency. If the seized
property is a motor vehicle that is inappropriate for use by the law
enforcement agency due to style, size, or color, the seizing agency shall be
allowed to apply the proceeds of sale or the trade-in value of the vehicle
towards the purchase of an appropriate vehicle for use in activities reasonably
related to law enforcement duties.
(2) The law enforcement agency may sell any forfeited
property not required by this chapter to be destroyed and not harmful to the
public. The proceeds from the sale are to be distributed in accordance with
subdivision (3) of this subsection.
(3) As to the proceeds from the sale of seized property as
referred to in subdivision (2) of this subsection, and as to moneys, coin and
currency, negotiable instruments, securities, or other things of value as
referred to in subsection (a) of this section, the distribution shall be as
follows:
(i)(A) All proceeds of the forfeiture of real or personal
property shall be distributed as follows: All costs of advertising
administrative forfeitures shall first be deducted from the amount forfeited.
Of the remainder, twenty percent (20%) of the proceeds shall be provided to the
attorney general's department to be used for further drug-related law
enforcement activities including, but not limited to, investigations,
prosecutions, and the administration of this chapter; seventy percent (70%) of
the proceeds shall be divided among the state and local law enforcement
agencies proportionately based upon their contribution to the investigation of
the criminal activity related to the asset being forfeited; and ten percent
(10%) of the proceeds shall be provided to the department of health for
distribution to substance abuse treatment programs.
(B) The law enforcement agencies involved in the
investigation, with the assistance of the attorney general, shall by agreement
determine the respective proportionate share to be received by each agency. If
the agencies are unable to reach agreement, application shall be made by one or
more of the agencies involved to the presiding justice of the superior court
who shall determine the respective proportionate share attributable to each law
enforcement agency. The proceeds from all forfeitures shall be held by the
general treasurer in a separate account until such time as an allocation is
determined by agreement of the agencies or by the presiding justice. It shall
be the duty and responsibility of the general treasurer to disburse the
allocated funds from the separate account to the respective law enforcement
agencies.
(ii) Each state or local law enforcement agency shall be
entitled to keep the forfeited money or the proceeds from sales of forfeited
property. The funds shall be used for law enforcement purposes and
investigations of violations of this chapter. The funds received by a state law
enforcement agency shall be maintained in a separate account by the general
treasurer. The funds received by a local law enforcement agency shall be
maintained in a separate account by the local agency's city or town treasurer.
(c)(1) There is established in the state's treasury a special
fund to be known as the asset forfeiture fund in which shall be deposited the
excess proceeds of forfeitures arising out of criminal acts occurring before
July 1, 1987. The asset forfeiture fund shall be used to fund drug-related law
enforcement activity and the treatment and rehabilitation of victims of drug
abuse. The fund shall be administered through the office of the general
treasurer. The presiding justice of the superior court shall have the authority
to determine the feasibility and amount of disbursement to those state or local
law enforcement agencies that have made application.
(2) Upon the application of any law enforcement agency of the
state of Rhode Island, when a special need exists concerning the enforcement of
the provisions of this chapter, the attorney general, or his or her designee,
may apply to the presiding justice of the superior court for the release from
the general treasury of sums of money. When the presiding justice upon
consideration of the reasons set forth by that agency deems them to be
reasonable and necessary to the accomplishment of a goal within the powers and
duties of that law enforcement agency, he or she may issue an order ex parte
providing for the release of the funds.
(d) Each law enforcement agency making any seizure(s) that
result(s) in a forfeiture pursuant to this section shall certify and file with
the state treasurer between January 1 and January 30 an annual report detailing
the property or money forfeited during the previous calendar year and the use
or disposition of the property or money. The report shall be made in the form
and manner as may be provided or specified by the treasurer and these annual
law enforcement agency reports shall be provided to the local governmental body
governing the agency and to the house and senate judiciary committees.
(e) Any law enforcement agency whose duty it is to enforce
the laws of this state relating to controlled substances is empowered to
authorize designated officers or agents to carry out the seizure provisions of
this chapter. It shall be the duty of any officer or agent authorized or
designated, or authorized by law, whenever he or she shall discover any
property or monies that have been, or are being, used in violation of any of
the provisions of this chapter, or in, upon, or by means of which any violation
of this chapter has taken or is taking place, to seize the property or monies
and to place it in the custody of the person as may be authorized or designated
for that purpose by the respective law enforcement agency pursuant to those
provisions.
(f) For purposes of this section and § 30-14-2 only, the
Rhode Island national guard shall be deemed a law enforcement agency eligible
to participate in the forfeiture of money and assets seized through counterdrug
operations in which members of the guard support federal, state or municipal
efforts.
History of Section.
(P.L. 1974, ch. 183, § 2; P.L. 1980, ch. 179, § 1; P.L. 1983, ch.
269, § 1; P.L. 1987, ch. 371, § 1; P.L. 1988, ch. 666, § 1; P.L.
1989, ch. 126, art. 31, § 2; P.L. 1992, ch. 288, § 1; P.L. 1992, ch.
418, § 4; P.L. 1998, ch. 391, § 3; P.L. 2002, ch. 292, § 54;
P.L. 2011, ch. 327, § 1; P.L. 2011, ch. 374, § 1; P.L. 2014, ch. 70,
§ 2; P.L. 2014, ch. 75, § 2.)
