§ 16-13-702 — Disposition of forfeited property

Colorado § 16-13-702

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Special Proceedings

Text

(1) No forfeited property shall
be used nor shall any forfeited proceeds be expended by any seizing agency to
whom section 16-13-701 applies unless such use or expenditure has been approved
by a committee on disposition of forfeited property which is created in subsection
(2) of this section.

(2) There is hereby created, for each seizing agency, a committee on
disposition of forfeited property. The committee on disposition of forfeited property
shall meet as necessary to approve the use of forfeited property or the expenditure
of forfeited proceeds by the seizing agency.

(3) The composition of the committee for a seizing agency shall, at a
minimum, include the district attorney of the judicial district having jurisdiction over
the forfeited property, or a designee of such district attorney; the head of the
seizing agency, or the designee of such person; and a representative of the
governmental body having budgetary authority over the seizing agency appointed
by the governmental body. The required members of the committee may select
other members to serve on the committee by unanimous agreement.

(4) The composition of the committee, where the seizing agency is a district
attorney's office, shall, at a minimum, include the district attorney or the designee
of such district attorney; the head of a law enforcement agency from among the
law enforcement agencies in the district attorney's judicial district, who is
appointed by the district attorney; and one representative of one of the
governmental bodies having budgetary authority over the district attorney's
budget, to be selected by the unanimous agreement of all of the governmental
bodies in the judicial district which have budgetary authority over the district
attorney's budget. The required members of the committee may select other
members to serve on the committee by unanimous agreement.

(5) The composition of the committee for any group of law enforcement
agencies which have associated and are authorized to perform special law
enforcement functions shall include the district attorney of the judicial district
having jurisdiction over the property forfeited under this article, or the designee of
such district attorney; the head of the seizing agency having jurisdiction over the
property forfeited under this article, or such person's designee; and a
representative from the governing body having budgetary authority over the seizing
agency. The required members of the committee may select other members to
serve on the committee by unanimous agreement.

(6) Nothing in this article shall be construed to prevent multiple seizing
agencies from combining to form a single committee on disposition of forfeited
property which has a membership different from the committees described in
subsection (3), (4), or (5) of this section so long as the membership of such
committee is approved by all governing bodies which have approval over the
budgets of each of the seizing agencies which have combined to form the
committee.

Legislative History

Source: L. 92: Entire part added, p. 451, � 6, effective July 1. L. 2017: (1) amended, (HB 17-1313), ch. 403, p. 2106, � 4, effective August 9.