24.1018 Confiscation, seizure, and forfeiture of property.

Cite as [A.S.A.C. § 24.1018]

(a) Property used in connection with a violation resulting in a conviction for violating any of the prohibited acts set forth in ASAC §24.1008 is subject to seizure and forfeiture.

(b) Upon a conviction of a person in whose possession the property was found, the court having jurisdiction over the criminal offense, notwithstanding any jurisdictional limitations on the amount in controversy, may make a finding that the property was used in connection with a violation and may order such property forfeited to DMWR.

(c) Notification of property seized under this section must be sent by certified mail to a registered owner within 14 days after seizure. If DMWR, after diligent inquiry, cannot ascertain the registered owner, the notice requirement is satisfied.

(d) DESTRUCTION OR DISPOSITION OF PROPERTY.--All property forfeited under this section may be destroyed, used by DMWR, disposed of by gift to charitable or state institutions, or sold, with the proceeds derived from the sale deposited into the Fund to be used for law enforcement purposes.

History: Rule 1-08, eff 2008.