77-11b-403. State Asset Forfeiture Grant Program.
| (1) |
There is created the State Asset Forfeiture Grant Program. |
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Terms Used In Utah Code 77-11b-403
- Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-11b-101
- 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
- Legal costs: means the costs and expenses incurred by a party in a forfeiture action. See Utah Code 77-11b-101
- Legislative body: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Proceeds: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Program: means the State Asset Forfeiture Grant Program created in Section 77-11b-403. See Utah Code 77-11b-101
- Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (2) |
The program shall fund crime prevention, crime victim reparations, and law enforcement activities that have the purpose of:
| (a) |
deterring crime by depriving criminals of the profits and proceeds of their illegal activities; |
| (b) |
weakening criminal enterprises by removing the instrumentalities of crime; |
| (c) |
reducing crimes involving substance abuse by supporting the creation, administration, or operation of drug court programs throughout the state; |
| (d) |
encouraging cooperation between agencies; |
| (e) |
allowing the costs and expenses of law enforcement to be defrayed by the forfeited proceeds of crime; |
| (f) |
increasing the equitability and accountability of the use of forfeited property used to assist agencies in reducing and preventing crime; and |
| (g) |
providing aid to victims of criminally injurious conduct, as defined in Section 63M-7-502, who may be eligible for assistance under 5. |
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| (3) |
| (a) |
Upon appropriation of funds from the Criminal Forfeiture Restricted Account, the commission shall allocate and administer grants to an agency or political subdivision of the state in compliance with this section and Subsection 77-11b-105(2) and to further the program purposes under Subsection (2). |
| (b) |
The commission may retain up to 3% of the annual appropriation from the Criminal Forfeiture Restricted Account to pay for administrative costs incurred by the commission, including salary and benefits, equipment, supplies, or travel costs that are directly related to the administration of the program. |
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| (4) |
An agency or political subdivision shall apply for an award from the program by completing and submitting forms specified by the commission. |
| (5) |
In granting the awards, the commission shall ensure that the amount of each award takes into consideration the:
| (a) |
demonstrated needs of the agency or political subdivision; |
| (b) |
demonstrated ability of the agency or political subdivision to appropriately use the award; |
| (c) |
degree to which the agency’s or political subdivision’s need is offset through the agency’s or political subdivision’s participation in federal equitable sharing or through other federal and state grant programs; and |
| (d) |
agency’s or political subdivision’s cooperation with other state and local agencies and task forces. |
|
| (6) |
The commission may award a grant to any agency or political subdivision engaged in activities associated with Subsection (2) even if the agency has not contributed to the fund. |
| (8) |
| (a) |
A recipient agency may only use award money after approval by the agency’s legislative body. |
| (b) |
The award money is nonlapsing. |
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| (9) |
A recipient agency or political subdivision shall use an award:
| (a) |
only for law enforcement purposes described in this section, or for victim reparations as described in Subsection (2)(g); and |
| (b) |
for the purposes specified by the agency or political subdivision in the agency’s or political subdivision’s application for the award. |
|
| (10) |
A permissible law enforcement purpose for which award money may be used includes:
| (a) |
controlled substance interdiction and enforcement activities; |
| (c) |
activities calculated to enhance future law enforcement investigations; |
| (d) |
law enforcement training that includes:
| (i) |
implementation of the Fourth Amendment to the United States Constitution and Utah Constitution, Article I, Section 7, and that addresses the protection of the individual’s right of due process; |
| (ii) |
protection of the rights of innocent property holders; and |
| (iii) |
the Tenth Amendment to the United States Constitution regarding states’ sovereignty and the states’ reserved rights; |
|
| (e) |
law enforcement or detention facilities; |
| (f) |
law enforcement operations or equipment that are not routine costs or operational expenses; |
| (g) |
drug, gang, or crime prevention education programs that are sponsored in whole or in part by the law enforcement agency or its legislative body; |
| (h) |
matching funds for other state or federal law enforcement grants; and |
| (i) |
the payment of legal costs, attorney fees, and postjudgment interest in forfeiture actions. |
|
| (11) |
A law enforcement purpose for which award money may not be granted or used includes:
| (a) |
payment of salaries, retirement benefits, or bonuses to any individual; |
| (b) |
payment of expenses not related to law enforcement; |
| (c) |
uses not specified in the agency’s award application; |
| (d) |
uses not approved by the agency’s legislative body; |
| (e) |
payments, transfers, or pass-through funding to an entity other than an agency; or |
| (f) |
uses, payments, or expenses that are not within the scope of the agency’s functions. |
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Renumbered and Amended by Chapter 448, 2023 General Session
