§ 5-5-204. Use or sale of conveyances — Disposition of sale proceeds
(a) (1) (A) Upon conviction and a hearing, when the circuit court having jurisdiction over the conveyance seized finds by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court may enter an order to sell the conveyance. (B) After allowance for reasonable expenses of seizure and […]
§ 5-5-301. Definitions
As used in this subchapter: (1) (A) “Contraband property” means property of any nature, including personal property, tangible property, or intangible property. (B) “Contraband property” does not include real property; (2) “Livestock” means: (A) Cattle or swine or a sheep, goat, horse, or mule; and (B) Any carcass, skin, or part of cattle or swine […]
§ 5-5-302. Property subject to forfeiture
(a) The following property is subject to forfeiture pursuant to this subchapter: (1) Contraband property used or intended to be used in the commission of theft of livestock; (2) The proceeds gained from the commission of theft of livestock; (3) Personal property acquired with proceeds gained from the commission of theft of livestock; (4) (A) […]
§ 5-4-906. Record sealing upon completion
(a) A pre-adjudication probation program judge, on his or her own motion or upon a request from the participant in the pre-adjudication probation program, shall order sealing and dismissal of a case if: (1) The participant in the pre-adjudication probation program has successfully completed a pre-adjudication probation program, as determined by the pre-adjudication probation program […]
§ 5-5-303. Petition for forfeiture — Order
(a) (1) The prosecuting attorney of the judicial district within whose jurisdiction there is property that is sought to be forfeited pursuant to § 5-5-302 shall promptly proceed against the property by filing in the circuit court having jurisdiction of the property a petition for an order to show cause why the circuit court should […]
§ 5-4-907. Cost, fees, and restitution
(a) The pre-adjudication probation program judge may order the offender to pay: (1) Court costs as provided in § 16-10-305; (2) Any substance abuse treatment costs; (3) Drug testing costs; (4) Costs associated with mental health treatment; (5) A pre-adjudication probation program user fee; (6) Any restitution owed the victim of the charged criminal offense; […]
§ 5-5-304. Disposition of forfeited property
(a) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is harmful to the public health or is required by law to be destroyed, the law enforcement agency to which the property is forfeited shall: (1) Require the sheriff of the county to take custody of the […]
§ 5-4-908. Program operation
(a) (1) A pre-adjudication probation program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. (2) A pre-adjudication probation program team shall be designated by a circuit judge assigned to manage the pre-adjudication probation program docket and may include a circuit judge, a […]
§ 5-5-305. Disposition of proceeds
(a) The proceeds of any sale pursuant to § 5-5-304 and any moneys forfeited pursuant to § 5-5-302 shall be applied to payment of the: (1) Balance due on any lien preserved by the circuit court in the forfeiture proceeding; (2) Cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, […]
§ 5-4-909. Administrative Office of the Courts
The Administrative Office of the Courts shall: (1) Serve as a coordinator between pre-adjudication probation program judges, the Department of Community Correction, and other parties; (2) Establish, manage, and maintain a uniform statewide pre-adjudication probation program information system to track information and data on pre-adjudication probation program participants; (3) Train and educate pre-adjudication probation program […]