Hawaii Administrative Rules
Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL
Subtitle 5 - FORFEITURES
Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE
Subchapter 8 - ENFORCEMENT
Appendix B - Notice of Intention to Administratively Forfeit Property
TO: (insert: interested parties) AND ANY AND ALL PERSONS WHO MAY HAVE INTERESTS IN THE DESCRIBED PROPERTY AND ALL KNOWN OR UNKNOWN INTERESTED PARTIES OF OR INTEREST HOLDERS IN THE DESCRIBED PORPERTY:
YOU ARE HEREBY NOTIFIED that a Petition for Administrative Forfeiture has been filed with the Department of the Attorney General seeking forfeiture of the property described above pursuant to the Hawaii Omnibus Forfeiture Act, Title 37, (hereinafter referred to as "Forfeiture Act"), Chapter 712A of the Hawaii Revised Statutes, as amended. The property was seized for forfeiture on (insert: date), in the County of (insert: county). State of Hawaii, and is alleged to be subject to forfeiture because of its connection with the violation of (insert: violations)
YOU ARE FURTHER NOTIFIED that you may respond to this notice by doing one, but only one of the following:
1. You may do nothing, in which case the property will be administratively forfeited;
2. You may file a Petition for Remission or Mitigation with the Department of the Attorney General. A Petition for Remission or Mitigation admits that the property is subject to forfeiture but asks the Attorney General to pardon the property, in whole or in part, due to extenuating circumstances. The Attorney General's decision is final, not subject to appeal, and may be made without hearing:
a. A Petition for Remission or Mitigation must be signed by the petitioner, and sworn on oath before a notary public (a suggested version of which is attached as Exhibit "1") and shall contain the following:
i. A reasonably complete description of the property;
ii. A statement of the interest of the petitioner in the property, as owner or interest-holder which may be supported by bills of sale, contracts, or mortgages, or other documentary evidence; and
iii. Facts and circumstances sufficient to show whether you:
A. Own or hold an interest as defined by Section 712A-1, Hawaii Revised Statutes, in the seized property;
B. Had any knowledge that the property was or would be involved in any violation of the law;
C. Had any knowledge of the particular violation, which subjected the property to seizure and forfeiture; and
D. Had any knowledge that the user of the property had any record, including arrests, except where the person was acquitted or the charges dismissed due to lack of evidence, for the violation that subjected the property to seizure and forfeiture or for any crime which is similar in nature.
b. If the Attorney General, with sole discretion, determines that remission is not warranted, the Attorney General may, in his or her discretion, mitigate the forfeiture where the petitioner has met the minimum requirements for remission but where there are other extenuating circumstances indicating that some relief should be granted to avoid extreme hardship. Extenuating circumstances include:
i. Language or cultural barrier;
ii. Humanitarian factors such as youth or extreme age;
iii. Presence of physical or mental disease, disorder or defect;
iv. Limited or peripheral criminal culpability;
v. Cooperation with the seizing agency or the prosecuting attorney; and
vi. Any contributory error on the part of government officials.
c. The Attorney General will inquire into the facts and circumstances alleged in the Petition for Remission or Mitigation and provide a written decision on the Petition within sixty (60) days. If the circumstances of the case require more time, the Petitioner will be notified in writing within the sixty (60)-day period, informed of the circumstances requiring more time, and further notified of the expected decision date; or
3. You may file a claim and a cost bond or a claim and an in forma pauperis bond with the Department of the Attorney General to seek judicial determination of the forfeiture:
a. A claim must be signed by the claimant, be sworn on oath before a notary public, and comply with the requirements of Section 712A-12(5), Hawaii Revised Statutes, as amended, and shall be accompanied by one of the following:
i. A cost bond in the amount of $2,500.00 or ten percent of the appraised or estimated value of the property, whichever is greater; or
ii. An in forma pauperis bond consisting of a declaration in the form of and containing the elements specified in the Appendix to the Hawaii Rules of Penal Procedure, a suggested version of which is attached as Exhibit "2".
b. Upon receipt of the claim and bond, the Attorney General will notify the Prosecuting Attorney who may either petition the Circuit Court for forfeiture of the property or may elect to honor the claim and forego further forfeiture proceedings. If the Prosecuting Attorney petitions the Circuit Court for forfeiture and prevails, all costs and expenses of the proceedings will be deducted from any cost bond filed. If the Prosecuting Attorney foregoes further proceedings, the seizing agency will be instructed to release the property, or some specified interest in it.
One extension of thirty (30) days for filing said petition or claim may be granted upon a written request to the Department of the Attorney General, demonstrating good cause, provided the request is received within the thirty (30) day period provided for filing of a petition or claim. The Attorney General shall decide and provide a written decision on the request for extension.
A Petition for Remission or Mitigation; a claim and bond; or a request for extension of thirty (30) days must be filed with the Department of the Attorney General, Civil Recoveries Division, 425 Queen Street, Honolulu, Hawaii, 96813, within thirty (30) days after you receive the Notice of Intention to Administratively Forfeit Property (Notice) or thirty (30) days after the date on which this Notice is published in a newspaper of general circulation in the county in which the seizure for forfeiture took place, whichever occurs first.
IF YOU FAIL TO FILE A PETITION FOR REMISSION OR MITIGATION; A CLAIM AND COST; A CLAIM AND IN FORMA PAUPERIS BOND; OR AN EXTENSION REQUEST IN A TIMELEY MANNER AND IN SUBSTANTIAL COMPLIANCE WITH SECTION 712A-10 OF THE HAW AH REVISED STATUTES, AS AMENDED, THE PETITION FOR ADMINISTRATIVE FORFEITURE WILL BE GRANTED AND THE PROPERTY SHALL BE FORFEITED TO THE STATE OF HAWAII.
DATED: Honolulu, Hawaii:__________________
(Insert: Name-PROSECUTING ATTORNEY)
Prosecuting Attorney for the
(insert: County Name)
Petitioner
______________
(Insert: Name - DEPUTY PROSECUTING ATTORNEY)
Deputy Prosecuting Attorney
(insert: County Name)
