§ 5-5-305 - Disposition of proceeds. - Arkansas Statutes

5-5-305. Disposition of proceeds.

(a) The proceeds of any sale pursuant to 5-5-304 and any moneys forfeited pursuant to 5-5-302 shall be applied to payment of the:

(1) Balance due on any lien preserved by the circuit court in the forfeiture proceeding;

(2) Cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, security, and forfeiture of the property;

(3) Cost incurred by the prosecuting attorney or attorney for the law enforcement agency approved by the prosecuting attorney to which the property is forfeited; and

(4) Cost incurred by the circuit court.

(b) The remaining proceeds or moneys shall be disposed of as follows:

(1) If the law enforcement agency is a state agency, the entire amount shall be deposited into the State Treasury into the fund for that state agency for the law enforcement purposes for that state agency; and

(2) (A) If the law enforcement agency is a:

(i) County sheriff's office, the entire amount shall be deposited into the county treasury and credited to a special law enforcement forfeiture fund in the county treasury; or

(ii) City or town police agency, the entire amount shall be deposited into the city or town treasury and credited to a special law enforcement forfeiture fund in the city or town treasury.

(B) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall be expended only upon appropriation to the county sheriff's office or to the city or town police agency by the county quorum court or governing body of the city or town:

(i) To defray the cost of a protracted investigation;

(ii) To provide additional technical equipment or expertise;

(iii) To provide matching funds to obtain a federal grant; or

(iv) For such other law enforcement purposes as the county quorum court or governing body of the city or town deems appropriate.

(C) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall not be considered a source of revenue to meet a normal operating expense.