§ 77-11a-204 — Custody of seized property and contraband.

(1) An agency with custody of seized property or contraband shall:
(1)(a) hold the property or contraband in safe custody until the property or contraband is returned or disposed of in accordance with:
(1)(a)(i) this chapter; and
(1)(a)(ii) Chapter 11c, Retention of Evidence; and
(1)(b) maintain a record of the property or contraband, including:
(1)(b)(i) a detailed inventory of all property or contraband seized;
(1)(b)(ii) the name of the person from which the property or contraband was seized; and
(1)(b)(iii) the agency's case number.
(2) (2)(a) Except as provided in Subsection (2)(b), no later than 30 days after the day on which a peace officer seizes property in the form of cash or other readily negotiable instruments, an agency shall deposit the property into a separate, restricted, interest-bearing account maintained by the agency solely for the purpose of managing and protecting the property from commingling, loss, or devaluation.
(2)(b) A prosecuting attorney may authorize one or more written extensions of the 30-day period under Subsection (2)(a) if the property needs to maintain the form in which the property was seized for evidentiary purposes or other good cause.
(3) An agency shall:
(3)(a) have written policies for the identification, tracking, management, and safekeeping of seized property and contraband; and
(3)(b) shall have a written policy that prohibits the transfer, sale, or auction of seized property and contraband to an employee of the agency.

Legislative History

Amended by Chapter 150, 2024 General Session