(1)A claimant is entitled to the immediate return of seized property for which the agency has filed a notice of intent to forfeit under Section 77-11b-201 if:
(1)(a) the claimant had a possessory interest in the property at the time of seizure;
(1)(b) continued possession by the agency pending a forfeiture proceeding will cause substantial hardship to the claimant, including:
(1)(b)(i) preventing the functioning of a legitimate business;
(1)(b)(ii) preventing any individual from working;
(1)(b)(iii) preventing any child from attending elementary or secondary school;
(1)(b)(iv) preventing or hindering an individual from receiving necessary medical care;
(1)(b)(v) preventing the care of a dependent child or adult who is elderly or disabled;
(1)(b)(vi) leaving an individual homeless; or
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(1) A claimant is entitled to the immediate return of seized property for which the agency has filed a notice of intent to forfeit under Section 77-11b-201 if:
(1)(a) the claimant had a possessory interest in the property at the time of seizure;
(1)(b) continued possession by the agency pending a forfeiture proceeding will cause substantial hardship to the claimant, including:
(1)(b)(i) preventing the functioning of a legitimate business;
(1)(b)(ii) preventing any individual from working;
(1)(b)(iii) preventing any child from attending elementary or secondary school;
(1)(b)(iv) preventing or hindering an individual from receiving necessary medical care;
(1)(b)(v) preventing the care of a dependent child or adult who is elderly or disabled;
(1)(b)(vi) leaving an individual homeless; or
(1)(b)(vii) any other condition that the court determines causes a substantial hardship;
(1)(c) the hardship from the continued possession of the property by the agency outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if the property is returned to the claimant during the pendency of the proceeding; and
(1)(d) the determination of substantial hardship under this Subsection (1) is based upon the property's use before the seizure.
(2) A claimant may file a motion or petition for hardship release under this section:
(2)(a) in the court in which forfeiture proceedings have commenced; or
(2)(b) in a district court where there is venue under Section 77-11a-102 if a forfeiture proceeding has not yet commenced.
(3) The motion or petition for hardship release shall be served upon the agency with custody of the property within five days after the day on which the motion or petition is filed.
(4) The court shall:
(4)(a) schedule a hearing on the motion or petition within 14 days after the day on which the motion or petition is filed; and
(4)(b) render a decision on a motion or petition for hardship filed under this section no later than 20 days after the day of the hearing, unless this period is extended by the agreement of both parties or by the court for good cause shown.
(5) If the claimant demonstrates substantial hardship under Subsection (1), the court shall order the agency to immediately return the property to the claimant pending completion of any forfeiture proceeding.
(6) The court may place conditions on the return of the property as the court finds necessary and appropriate to preserve the availability of the property or the property's equivalent for forfeiture.
(7) The hardship release under this section does not apply to:
(7)(a) contraband;
(7)(b) property that is subject to the retention or preservation requirements under Chapter 11c, Retention of Evidence; or
(7)(c) property that is likely to be used to commit additional offenses if returned to the claimant.