(1) After the seizing agency distributes property under ORS 131.588, and when the seizing agency is not the state, the seizing agency shall dispose of and distribute property as follows:
(a) The seizing agency shall pay costs first from the property or its proceeds. As used in this subsection, “costs” includes the expenses of publication, service of notices, towing, storage and servicing or maintaining the seized property under ORS 131.564.
(b) After costs have been paid, the seizing agency shall distribute to the victim any amount the seizing agency was ordered to distribute under ORS 131.588 (4).
(c) After costs have been paid and distributions under paragraph (b) of this subsection have been made, the seizing agency shall distribute the rest of the property to the general fund of the political subdivision that operates the seizing agency.
(2) Of the property distributed under subsection (1)(c) of this section, the political subdivision shall distribute:
(a) Three percent to the Asset Forfeiture Oversight Account established in ORS 475A.160;
(b) Seven percent to the Illegal Drug Cleanup Fund established in ORS 475.495 for the purposes specified in ORS 475.495 (5); and
(c) Ten percent to the state General Fund.
(3) Of the property distributed under subsection (1)(c) of this section that remains in the general fund of the political subdivision after the distributions required by subsection (2) of this section have been made:
(a) Fifty percent must be for official law enforcement use; and
(b) Fifty percent must be used for substance abuse treatment pursuant to a plan developed under ORS 430.420.
(4) Except as otherwise provided by intergovernmental agreement, the seizing agency may:
(a) Sell, lease, lend or transfer the property or proceeds to any federal, state or local law enforcement agency or district attorney.
(b) Sell the forfeited property by public or other commercially reasonable sale and pay from the proceeds the expenses of keeping and selling the property.
(c) Retain the property.
(d) With written authorization from the district attorney for the seizing agency’s jurisdiction, destroy any firearms or controlled substances.
(5) A political subdivision may sell as much property as may be needed to make the distributions required by subsections (1) and (2) of this section. A political subdivision shall make distributions to the Asset Forfeiture Oversight Account, the Illegal Drug Cleanup Fund and the state General Fund that are required by subsection (2) of this section once every three months. The distributions are due within 20 days of the end of each quarter. Interest does not accrue on amounts that are paid within the period specified by this subsection.
(6) A seizing agency may donate growing equipment and laboratory equipment that was used, or intended for use, in manufacturing of controlled substances to a public school, community college or state institution of higher education.
(7) This section applies only to criminal forfeiture proceeds arising out of prohibited conduct. [2005 c.830 §16]
Section: Previous 131.573 131.576 131.579 131.582 131.585 131.588 131.591 131.594 131.597 131.600 131.602 131.604 131.605 131.615 131.625 NextLast modified: August 7, 2008