§ 609.908 — DISPOSITION OF FORFEITURE PROCEEDS

Minnesota § 609.908

• Jurisdiction: Minnesota
• Part: CRIMES; EXPUNGEMENT; VICTIMS
• Ch. 609: CRIMINAL CODE

Text

Subdivision 1.Disposition alternatives.
After making due provisions for the rights of innocent persons, the prosecuting authority shall, as soon as feasible, dispose of all property ordered forfeited under section609.905by:
(1) public sale;
(2) transfer to a state governmental agency for official use;
(3) sale or transfer to an innocent person; or
(4) destruction, if the property is not needed for evidence in a pending criminal or civil proceeding.

Subd. 2.No reversion to defendant.
An interest in personal or real property not exercisable by or transferable for value by the prosecuting authority expires and does not revert to the defendant. Forfeited property may not be purchased by the defendant, relative of the defendant, or any person acting in concert with the defendant or on the defendant's behalf.

Subd. 3.Sale proceeds.
The proceeds of a sale or other disposition of forfeited property under this section whether by final judgment, settlement, or otherwise, must be applied as follows:
(1) to the fees and costs of the forfeiture and sale including expenses of seizure, maintenance, and custody of the property pending its disposition, advertising, and court costs;
(2) to all costs and expenses of investigation and prosecution including costs of resources and personnel incurred in investigation and prosecution; and
(3) the balance to the appropriate agencies under section609.5315, subdivision 5.

Legislative History

1989 c 286 s 11