§ 818-73. Disposition of forfeited assets and proceeds.

A. 

Whenever property is forfeited under this article, the claiming authority, or his or her respective designee, may:

(1) 

Retain the property or asset for official use.

(2) 

Sell any forfeited property or asset which is not required to be destroyed by law and which is not harmful to the public.

(3) 

Transfer the property or asset to any County agency, department or other political subdivision demonstrating need for the specific property or asset so that the property or asset may be put into official use by that agency, department or other political subdivision.

(4) 

Transfer the property or asset to any County-funded agency or organization demonstrating need for the specific property or asset so that the property or asset may be put into use by the funded agency or organization in the regular course of business of that funded agency or organization. Any such transfer of forfeited property or assets under this subsection may result in an in-kind deduction from those funds paid by the County to the specific agency or organization.

B. 

Any funds generated by the sale of forfeited property or assets described in this article, after deducting therefrom any fees imposed pursuant to Subsection J of § 818-72 of this article, shall be distributed in the following order of priority:

(1) 

Amounts to satisfy any valid lien or claim against the property forfeited;

(2) 

Amounts ordered to be paid by the defendant in any other action or proceeding as restitution, reparations or damages to a victim of the offense which constitutes the basis upon which forfeiture of the seized asset was effected under this article, to the extent such amounts remain unpaid, whichever is less; provided, however, the claiming authority receives written notice from the victim or his or her duly appointed representative within 30 days of the commencement of the civil forfeiture action in order for the victim to receive such funds;

(3) 

All monies remaining after distributions made pursuant to Subsection B(1) and (2) shall be distributed as follows:

(a) 

Twenty percent to the claiming authority in satisfaction of actual costs and expenses incurred in the investigation, preparation and litigation of the forfeiture action, including that proportion of the salaries of the attorneys, clerical and investigative personnel devoted thereto, plus all costs and disbursements made in the administration of this article, which shall be deposited into a separate nonlapsing appropriation of the claiming authority for law enforcement purposes;

(b) 

Ten percent to the Sheriff's Department in satisfaction of actual costs and expenses incurred in the service of process of the civil forfeiture actions, including that proportion of the salaries of the personnel devoted thereto, which shall be deposited into a separate nonlapsing appropriation of the Sheriff's Department for law enforcement purposes; and

(c) 

Seventy percent to the Suffolk County STOP-DWI Office for the purposes of supporting or providing drunk driving education, prevention and enforcement programs administered by governmental and/or nongovernmental agencies within Suffolk County.

(d) 

The expenditure of funds pursuant to Subsection B(3) shall be in accordance with an annual plan approved by resolution of the County Legislature.