Sec. 17.30.124. Remittance to claimant.
(a) Upon a showing that a claimant is entitled to remittance under AS 17.30.110 – 17.30.126, the court shall order that (1) if the claimant is entitled to the item, it shall be delivered to the claimant immediately; (2) if the claimant is entitled to remittance of some value less than the total value of […]
Sec. 17.30.126. Forfeiture of controlled substances.
(a) A controlled substance manufactured, possessed, transferred, sold, or offered for sale in violation of this chapter or AS 11.71 is contraband and must be seized and summarily forfeited to the state. The commissioner of public safety or the commissioner’s designee, including a municipal law enforcement agency authorized under AS 17.30.114(b) to retain custody of […]
Sec. 17.30.122. State disposal of forfeited property.
Property forfeited under AS 17.30.110 – 17.30.126 other than controlled substances and firearms shall be disposed of by the commissioner of administration in accordance with applicable law. Firearms shall be disposed of as provided in AS 18.65.340. As to property other than firearms or controlled substances, the commissioner of administration may (1) destroy property harmful […]
Sec. 17.30.100. Powers of the Department of Public Safety.
(a) The commissioner of public safety shall enforce this chapter and shall cooperate with other state and federal agencies in the discharge of their responsibilities pertaining to illicit traffic in controlled substances and in suppressing the abuse of controlled substances. Under this section, the powers of the commissioner of public safety include the following: (1) […]
Sec. 17.30.110. Items subject to forfeiture.
The following may be forfeited to the state: (1) a controlled substance that has been manufactured, distributed, dispensed, acquired, or possessed in violation of this chapter or AS 11.71; (2) raw materials, products, and equipment that are used or intended for use in manufacturing, distributing, compounding, processing, delivering, importing, or exporting a controlled substance that […]
Sec. 17.30.112. Proceedings resulting in forfeiture.
(a) Property listed in AS 17.30.110 may be forfeited to the state either upon conviction of the defendant of a violation of this chapter or AS 11.71, or upon judgment of a court in a separate civil proceeding in rem. The court may order a forfeiture in the in rem proceeding if it finds that […]
Sec. 17.30.114. Seizure and custody of property.
(a) Property listed in AS 17.30.110 may be seized by a peace officer upon an order issued by a court having jurisdiction over the property upon a showing of probable cause that the property may be forfeited under AS 17.30.110. Seizure without a court order may be made if (1) the seizure is incident to […]
Sec. 17.30.116. Procedure for forfeiture action.
(a) Within 20 days after a seizure under AS 17.30.110 – 17.30.126, the commissioner of public safety shall, by certified mail, notify any person known to have an interest in an item with an appraised value of $500 or more, or who is ascertainable from official registration numbers, licenses, or other state, federal, or municipal […]
Sec. 17.30.118. Petition for release of seized items.
(a) A claimant under AS 17.30.116(b) may at any time petition for release of a seized item as follows: (1) to a court in which a warrant for seizure has been issued; (2) to a court in which a criminal or civil action alleging forfeiture of the item has been filed; or (3) before an […]
Sec. 17.30.120. Petition for sale of seized item.
A claimant may petition the court for sale of an item before final disposition of court proceedings. The court shall grant a petition for sale upon a finding that the sale is in the best interests of the state and the preservation and maintenance of the item seized. Proceeds from the sale plus interest to […]