§ 97-ooo. Department of corrections and community supervision asset forfeiture account. 1. There is hereby established in the joint custody of the state comptroller and the department of corrections and community supervision a special account within the miscellaneous special revenue fund to be known as the department of corrections and community supervision asset forfeiture account. Such account shall consist, subject to necessary federal approval, of moneys received by the department of corrections and community supervision through the equitable sharing that is authorized in federal forfeiture actions.

Terms Used In N.Y. State Finance Law 97-OOO

  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts

2. The moneys of the account shall be available for purposes of developing additional resources such as, but not limited to, obtaining equipment, establishing training programs, or accessing existing technology or databases.

3. The commissioner of the department of corrections and community supervision shall report to the commissioner of the division of criminal justice services, the director of the budget, the chairman of the senate finance committee and the chairman of the assembly ways and means committee by October first, nineteen hundred ninety-eight and every six months thereafter, on the source and amounts of moneys in the account. Such report shall describe the amount of moneys received by the federal government and the department of corrections and community supervision from the joint activities of the department and federal law enforcement agencies, the law enforcement activities which led to such forfeiture and the value of the assets so seized.

4. The moneys of such account shall be made available on the audit and warrant of the comptroller on vouchers certified or approved by the commissioner of the department of corrections and community supervision.

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