Current through August, 2024
(a) In addition to
the requirements set forth in section
712A-10,
Hawaii Revised Statutes, the petition for administrative forfeiture provided in
section
712A-10(1),
Hawaii Revised Statutes, shall include:
(1)
An itemized listing of all property subject to forfeiture in the
caption;
(2) The estimated value of
each item and the aggregate value of all subject property listed in the
caption;
(3) The vehicle
identification number of any vehicle listed in the caption (if no vehicle
identification number can be ascertained, the petition shall include a
statement setting forth the reason why the vehicle identification number is not
ascertainable);
(4) A statement
that all requirements and deadlines of chapter
712A, Hawaii Revised Statutes, have
been met;
(5) A statement setting
forth the applicable covered offense(s) and any lesser included offense(s) upon
which the property is subject to forfeiture pursuant to section
712A-4, Hawaii
Revised Statutes, and the basis for the forfeiture pursuant to section
712A-5,
Hawaii Revised Statutes;
(6) A
statement of relevant facts sufficient to support a finding of probable cause
for forfeiture of the property pursuant to section
712A-6,
Hawaii Revised Statutes;
(7) The
identity of all persons who have an interest in the property;
(8) A statement setting forth the interest in
the subject property held by each person known to have an interest in the
subject property as defined in section
712A-1, Hawaii
Revised Statutes; and
(9) Copies of
all police reports pertaining to the covered offense(s) and any other
documentation relevant to supporting a finding of probable cause as to the
covered offense(s) as set forth in the petition shall be submitted as a
separate document. Any police report or other confidential documentation
submitted pursuant to this subsection shall be protected from disclosure as
provided by law.
(b)
There shall be only one petition filed in matters involving multiple interested
parties when the forfeiture of subject property shares the same underlying
factual basis.
(c) In matters where
the subject property includes currency:
(1)
All subject currency shall:
(A) Be deposited
in accordance with the procedures set forth in appendix E, "Deposit of Currency
- Procedures"; and
(B) Be deposited
after but no later than thirty days after the petition for administrative
forfeiture is filed with the attorney general.
(2) After the subject currency has been
deposited, proof of deposit shall be given to the attorney general by
submitting the following:
(A) The completed
"List of Deposits Form," attached hereto as appendix F;
(B) The bank's preprinted deposit ticket, a
sample of which has been attached hereto as appendix G, "Preprinted Deposit
Ticket"; and
(C) The bank receipt
showing the deposit has been made.
(d) A petition for administrative forfeiture
shall be filed with the attorney general within forty-five days of the
prosecuting attorney receiving the written request for forfeiture from the
seizing agency, calculated as set forth under section
712A-10,
Hawaii Revised Statutes.
(e) In
addition to the petition for administrative forfeiture, a "Notice of Intention
to Administratively Forfeit Property," a sample template of which is attached
as appendix B, shall be filed with the following attachments:
(1) As "Exhibit 1," the "Verified Petition
for Remission or Mitigation Form," attached herein as appendix C; and
(2) As "Exhibit 2," the "Declaration in
Support of Request to Proceed In Forma Pauperis Form," attached herein as
appendix D.
(f) A
petition may be sent by regular mail, email, or facsimile transmittal to the
appropriate division within the department of the attorney general, within the
time limit for such filing. The date on which the petition is received by the
attorney general shall be deemed to be the date of filing.
(g) A petition that fails to comply with the
requirements set forth in subchapter
2 herein may be dismissed or denied by
the attorney general with or without prejudice. Any order of dismissal or
denial issued pursuant to subchapter
2 shall state the underlying reason(s)
for dismissal or denial.
(h) There
shall be no appeal from the attorney general's decision or order pursuant to
section
712A-10(11).
