TITLE 7

Corporations, Associations, and Partnerships

CHAPTER 7-15

Racketeer Influenced and Corrupt Organizations

SECTION 7-15-4.1



   § 7-15-4.1  Asset forfeiture fund. –

(a) Title to all property forfeited pursuant to this chapter, except for that

property awarded by the court to the victims of violations of the chapter

pursuant to § 7-15-4(c), vest in the state of Rhode Island. There is

established within the general treasury of the state a special fund to be known

as the asset forfeiture fund in which shall be deposited all proceeds of any

forfeitures. Where the forfeited property is a vessel, vehicle, aircraft, or

other personal property the use of which reasonably relates to law enforcement

duties, title to the property may be transferred to the law enforcement agency

which seized it. Where the forfeited property is personal property the use of

which is not reasonably related to law enforcement duties and where the

forfeited property is real estate or an interest in real estate, it shall be

sold under the direction of the general treasurer and the proceeds of the sale

deposited in the asset forfeiture fund. Where the forfeited property consists

of negotiable instruments, securities, or other intangible property, it shall

be maintained by the general treasurer as part of the asset forfeiture fund and

may 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, it

shall 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 the

seizure, management and liquidation of forfeited property and for the

reimbursement of federal, state, or local law enforcement agencies for any

reasonable expenditures made by them in the performance of the preceding

functions;



   (2) The payment of awards for information or assistance

leading to a civil or criminal proceeding under this chapter, provided that any

payment or combination of payments to any one individual or group of

individuals in excess of twenty five hundred dollars ($2500) from the fund must

be approved by the presiding justice of the superior court or an associate

justice of the court designated by him or her;



   (3) The compromise and payment of claims against property

forfeited pursuant to the chapter, provided that any payment in settlement of a

claim which is in excess of twenty five hundred dollars ($2500) from the fund

must be approved by the presiding justice of the superior court or an associate

justice of the court designated by him or her;



   (4) The payment of twenty five percent (25%) of the net

proceeds of a forfeiture to the Rhode Island law enforcement agency or agencies

which accomplished the seizure to be used only for the purposes of future

investigations of racketeering activity as defined in these provisions. No law

enforcement agency of the state is entitled to keep more than fifty thousand

dollars ($50,000) per calendar year under this section. No law enforcement

agency 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 or

town with a population of twenty thousand (20,000) or less is entitled to keep

more than fifteen thousand dollars ($15,000) per calendar year under this

section.



   (c) The attorney general shall report each forfeiture

pursuant to this chapter to the general treasurer within thirty (30) days of

the issuance of the judgment of forfeiture by the court.



   (d) 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 may apply to the presiding

justice of the superior court for the release from the general treasury of sums

of money not to exceed fifty thousand dollars ($50,000) per investigation. When

the presiding justice, upon consideration of the reasons set forth by the

agency, deems the funds to be reasonable and necessary to the accomplishment of

a goal within the powers and duties of the law enforcement agency, he or she

may issue an order ex parte providing for the release of the funds.



   (e) The attorney general and the general treasurer shall

transmit to the General Assembly no later than February 1st of each year, a

detailed report on the nature and value of the assets forfeited and their

disposition, on the amounts deposited in the fund, and a detailed description

of withdrawals from the fund and the uses of the withdrawals, during the

previous calendar year, but shall not make any disclosure which would

compromise any investigation or prosecution.



History of Section.

(P.L. 1985, ch. 353, § 2.)