Kentucky Administrative Regulations
Title 40 - DEPARTMENT OF LAW
Chapter 4 - Asset Forfeiture
Section 40 KAR 4:010 - Disbursement of asset forfeiture receipts
Universal Citation: 40 KY Admin Regs Service 4:010
Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS 218A.420(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 218A.420(4)(b) provides that a portion of the proceeds from the sale of property forfeited under KRS Chapter 218A shall be paid to the Prosecutors Advisory Council for deposit on behalf of the Commonwealth's attorney or county attorney participating in the forfeiture. This administrative regulation establishes the procedure for payment of these moneys and the specific purposes for which these funds shall be expended.
Section 1. Definitions.
(1) "Asset forfeiture moneys" means the
portion of the proceeds from the sale of property forfeited under KRS Chapter
218A which is paid to the Prosecutor's Advisory Council and deposited on behalf
of the Commonwealth's attorney or county attorney whose office participated in
the forfeiture as provided under
KRS
218A.420(4)(b).
(2) "National Code of Professional Conduct
for Asset Forfeiture" means the National Code of Professional Conduct for Asset
Forfeiture attached as Appendix G to the United States Department of Justice's
Guide to Equitable Sharing of Federally Forfeited Property for State and Local
Law Enforcement (March 1994) (GPO Ref. No. 1994-301-175/14299).
Section 2. Submission of Asset Forfeiture Moneys.
(1) Asset forfeiture
moneys paid to a Commonwealth's or county attorney shall be forwarded by the
Commonwealth's or county attorney to the Prosecutors Advisory Council, Office
of the Attorney General, 1024 Capital Center Drive, Frankfort, Kentucky
40601-8204.
(2) Any asset
forfeiture check forwarded to the Prosecutor's Advisory Council shall be
accompanied by the following:
(a) A copy of
the final order of forfeiture; and
(b) A completed "Submission of Asset
Forfeiture Moneys," form.
(3) Any asset forfeiture moneys submitted to
the Prosecutors Advisory Council without the foregoing shall be returned to the
Commonwealth's or county attorney within two (2) weeks.
Section 3. Application. Commonwealth's attorneys or county attorneys having asset forfeiture moneys on deposit with the Prosecutors Advisory Council and entitled to expend those monies under KRS 218A.420(4)(b) shall apply in writing for payment of asset forfeiture proceeds by completing the "Application for Expenditure of Asset Forfeiture Funds," and submitting it to the Office of Attorney General, Prosecutors Advisory Council.
Section 4. Use of Asset Forfeiture Moneys.
(1) All asset forfeiture moneys paid to a
Commonwealth's attorney or county attorney shall be expended for legitimate law
enforcement purposes, including the following purposes:
(a) Operating expenses directly relating to
protracted, extraordinary, or complex prosecution of crimes;
(b) Payment for forensic and other scientific
testing of evidence related to criminal prosecution;
(c) The purchase of technical or computer
equipment, including telecommunication systems or devices, or expertise related
to criminal prosecution, provided that any usage not directly related to
criminal prosecution shall be prorated and shall not be paid with any funds
allocated by the Prosecutors Advisory Council;
(d) Expenses associated with the conduct of
grand jury proceedings;
(e) Payment
for continuing legal education and other training relating to criminal justice,
including reimbursement for reasonable travel and lodging to attend
trainings;
(f) Dues or
subscriptions to newspapers, magazines, publications, and organizations
providing support services to Commonwealth's and county attorneys, including
but not limited to the Kentucky Bar Association, the National District
Attorneys Association, the National Association of Prosecutor Coordinators, the
American Prosecutors Research Institute, the Kentucky Association of Counties,
the Kentucky Commonwealth's Attorneys Association, the Kentucky County
Attorney's Association and the Fraternal Order of Police;
(g) De minimis expenses for refreshments
furnished to employees, victims, other witnesses and visitors at the office of
the Commonwealth's or County attorney, which are provided as a convenience in
the exercise of the prosecution of crimes; and
(h) Programs, communications and advertising,
including apparel identifying the office of the Commonwealth's or county
attorney, which relates to education, crime prevention and
prosecution.
(2) Asset
forfeiture moneys provided pursuant to
KRS
218A.420(4) shall not be
used for the following expenditures:
(a)
Civic memberships or charitable contributions unrelated to a legitimate law
enforcement purpose;
(b) Payment
for personal political advertising or other communications, including items
bearing the name, likeness, or logo depicting the candidacy of any
person;
(c) Payment for airfare for
any class of ticket other than coach or economy;
(d) Personal loans or any payment that would
bestow a personal pecuniary benefit unrelated to a legitimate law enforcement
purpose;
(e) The purchase of
alcoholic beverages;
(f) Expenses
for interior decorating, including pictures, art, and holiday decorations
unrelated to a legitimate law enforcement purpose;
(g) Expenses for private communications or
gifts related birthdays, funerals, or other special events; and
(h) Expenses for personal apparel, including
t-shirts, sweatshirts, hats, weather gear, or identifying buttons or badges
unrelated to a legitimate law enforcement purpose.
(3) Asset forfeiture moneys shall be used in
accordance with
KRS
218A.420(4) and shall not be
used to defray or otherwise replace the ordinary operating expenses of the
Commonwealth's or county attorney to whom the moneys are paid.
(4) Consistent with the National Code of
Professional Conduct for Asset Forfeiture, which is incorporated by reference,
the following ethical prohibitions shall be applied to the expenditure of asset
forfeiture moneys:
(a) The potential revenue
from asset forfeiture moneys shall not be permitted to jeopardize the effective
investigation and prosecution of criminal offenses, officer safety, the
integrity of an ongoing investigation, or the due process rights of citizens;
and
(b) Neither the employment nor
salary of any employee of the unified prosecutorial system shall be made to
depend upon either the level of seizures or the amount of asset forfeiture
moneys he or she achieves.
Section 5. Property purchased with money allocated from the fund shall be deemed property of the Commonwealth of Kentucky.
Section 6. Incorporation by Reference.
(1) The following material is
incorporated by reference:
(a) "Submission of
Asset Forfeiture Moneys", December 2007;
(b) "Application for Expenditure of Asset
Forfeiture Funds", December 2007; and
(c) "National Code of Professional Conduct
for Asset Forfeiture", United States GPO 1994.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Prosecutors Advisory
Council, Office of the Attorney General, 1024 Capital Center Drive, Frankfort,
Kentucky 40601-8204, Monday through Friday, 8 a.m. to 4:30
p.m.
STATUTORY AUTHORITY: KRS 218A.420(5)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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