Rule 712A-16.4.1 Distributions from the Revolving Fund

  1. Distributions from the revolving fund will be made in accordance with HRS § 712A-16(4).
  2. The primary consideration in making distributions from the revolving fund is to preserve the asset forfeiture program for the purposes recognized in the statute. This includes paying all necessary expenses of the program as provided for in HRS § 712A-16(4)(a) and other expenses deemed essential by the Attorney General or the Attorney General’s designee, i.e., salaries of the asset forfeiture legal assistant and secretary.
  3. Asset forfeiture funds from the revolving fund that are excess to the maintenance of the asset forfeiture program may be distributed upon written request to the Attorney General or the Attorney General’s designee for the following purposes:
    • As a supplemental sum to support a legitimate law enforcement purpose of any state or county law enforcement agency.
    • Expenses to supplement programs for training and education of law enforcement officers (primary, but not exclusive, law enforcement purposes recognized as a legitimate use of funds from the revolving fund); and
    • Payment of awards for information or assistance leading to a civil or criminal proceeding.
  4. The Supervisor, Criminal Justice Division, Department of the Attorney General, is designated as the Attorney General’s designee and manager of the asset forfeiture program.
  5. Requests for funds from the revolving fund should be made in writing to the Attorney General or the Attorney General’s designee. A request should identify the specific law enforcement purpose for which the funds from the revolving fund are being requested. requests should be timely to ensure the necessary coordination and approval by the Attorney General).
  6. Some non-exclusive factors used in determining whether a request will be approved in whole or part are:amount of funds remaining in the revolving fund; importance of the stated purpose to the law enforcement agency involved; whether the purpose could be satisfied more cost effectively (i.e., whether local vs. mainland training is available to satisfy the purpose); number of requests and total of the amount of funds requested by the requesting agency during the preceding twelve (12) months; and, whether the requesting agency has made contributions to the revolving fund).
  7. No funds from the revolving fund will be distributed to satisfy personnel staffing requirements except in support of the asset forfeiture program administration in the Department of the Attorney General.
  8. The Attorney General or the Attorney General’s designee will make the final decision regarding whether a request for funds from the revolving fund is approved in whole or in part.

 

Eligibility to Purchase Forfeited Property at Public Sale.