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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 18 : Health

Chapter 084 : POSSESSION AND CONTROL OF REGULATED DRUGS

Subchapter 002 : FORFEITURE

(Cite as: 18 V.S.A. § 4247)
  • § 4247. Disposition of property

    (a) Whenever property is forfeited and delivered to the State Treasurer under this subchapter, the State Treasurer shall, no sooner than 90 days of the date the property is delivered, sell the property at a public sale held under 27 V.S.A. chapter 13.

    (b) The proceeds from the sale of forfeited property shall be used first to offset any costs of selling the property, and then, after any liens on the property have been paid in full, applied to payment of seizure, storage, and forfeiture expenses, including animal care expenses related to the underlying violation. Remaining proceeds shall be distributed as follows:

    (1)(A) 45 percent shall be distributed among:

    (i) the Office of the Attorney General;

    (ii) the Department of State's Attorneys and Sheriffs; and

    (iii) State and local law enforcement agencies.

    (B) The Governor's Criminal Justice and Substance Abuse Cabinet is authorized to determine the allocations among the groups listed in subdivision (A) of this subdivision (1), and may only reimburse the prosecutor and law enforcement agencies that participated in the enforcement effort resulting in the forfeiture for expenses incurred, including actual expenses for involved personnel. The proceeds shall be held by the Treasurer until the Cabinet notifies the Treasurer of the allocation determinations, at which time the Treasurer shall forward the allocated amounts to the appropriate agency's operating funds.

    (2) The remaining 55 percent shall be deposited in the General Fund. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 2015, No. 53, § 7.)