                                 CODE OF VIRGINIA

SHARING OF FORFEITED ASSETS (§ 19.2-386.14)

A. All cash, negotiable instruments, and proceeds from a sale conducted pursuant
to &#xA7; 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees, and
costs as provided in &#xA7; 19.2-386.12, shall, as soon after entry of the
forfeiture as is practicable, be distributed in a manner consistent with this
chapter and Article VIII, &#xA7; 8 of the Constitution of Virginia.

A1. All cash, negotiable instruments and proceeds from a sale conducted pursuant
to &#xA7; 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees and costs
as provided in &#xA7; 19.2-386.12, shall, as soon after entry of the forfeiture
as is practicable, be paid over to the state treasury into a special fund of the
Department of Criminal Justice Services for distribution in accordance with this
section. The forfeited property and proceeds, less 10 percent, shall be made
available to federal, state, and local agencies to promote law enforcement in
accordance with this section, which may include expenditures to strengthen
relationships between the community and law enforcement, encourage goodwill
between the community and law enforcement, promote cooperation with law
enforcement, or provide equipment and training for law-enforcement officers, and
regulations adopted by the Criminal Justice Services Board to implement the
asset-sharing program. However, such forfeited property and proceeds shall only
be used by law enforcement in the course of employment and in the performance of
their official duties and not for personal use.
			The 10 percent retained by the Department shall be held in a nonreverting
fund, known as the Asset Sharing Administrative Fund. Administrative costs
incurred by the Department to manage and operate the asset-sharing program shall
be paid from the Fund. Any amounts remaining in the Fund after payment of these
costs shall be used to promote state or local law-enforcement activities.
Distributions from the Fund for these activities shall be based upon need and
shall be made from time to time in accordance with regulations promulgated by
the Board.

B. Any federal, state or local agency or office that directly participated in
the investigation or other law-enforcement activity which led, directly or
indirectly, to the seizure and forfeiture shall be eligible for, and may
petition the Department for, return of the forfeited asset or an equitable share
of the net proceeds, based upon the degree of participation in the
law-enforcement effort resulting in the forfeiture, taking into account the
total value of all property forfeited and the total law-enforcement effort with
respect to the violation of law on which the forfeiture is based. Upon finding
that the petitioning agency is eligible for distribution and that all
participating agencies agree on the equitable share of each, the Department
shall distribute each share directly to the appropriate treasury of the
participating agency.
			If all eligible participating agencies cannot agree on the equitable shares
of the net proceeds, the shares shall be determined by the Criminal Justice
Services Board in accordance with regulations which shall specify the criteria
to be used by the Board in assessing the degree of participation in the
law-enforcement effort resulting in the forfeiture.

C. After the order of forfeiture is entered concerning any motor vehicle, boat,
aircraft, or other tangible personal property, any seizing agency may (i)
petition the Department for return of the property that is not subject to a
grant or pending petition for remission or (ii) request the circuit court to
order the property destroyed. Where all the participating agencies agree upon
the equitable distribution of the tangible personal property, the Department
shall return the property to those agencies upon finding that (a) the agency
meets the criteria for distribution as set forth in subsection B and (b) the
agency has a clear and reasonable law-enforcement need for the forfeited
property.
			If all eligible participating agencies cannot agree on the distribution of
the property, distribution shall be determined by the Criminal Justice Services
Board as in subsection B, taking into consideration the clear and reasonable
law-enforcement needs for the property which the agencies may have. In order to
equitably distribute tangible personal property, the Criminal Justice Services
Board may require the agency receiving the property to reimburse the Department
in cash for the difference between the fair market value of the forfeited
property and the agency&#8217;s equitable share as determined by the Criminal
Justice Services Board.
			If a seizing agency has received property for its use pursuant to this
section, when the agency disposes of the property (1) by sale, the proceeds
shall be distributed as set forth in this section; or (2) by destruction
pursuant to a court order, the agency shall do so in a manner consistent with
this section.

D. All forfeited property, including its proceeds or cash equivalent, received
by a participating state or local agency pursuant to this section shall be used
to promote law enforcement, which may include expenditures to strengthen
relationships between the community and law enforcement, encourage goodwill
between the community and law enforcement, promote cooperation with law
enforcement, or provide equipment and training for law-enforcement officers but
shall not be used to supplant existing programs or funds. Additionally, such
forfeited property, including its proceeds or cash equivalent, shall only be
used by law enforcement in the course of employment and in the performance of
their official duties and not for personal use. The Board shall promulgate
regulations establishing an audit procedure to ensure compliance with this
section.

E. On or after July 1, 2012, but before July 1, 2014, local seizing agencies may
contribute cash funds and proceeds from forfeited property to the Virginia
Public Safety Foundation to support the construction of the Commonwealth Public
Safety Memorial. Any funds contributed by seizing agencies shall be contributed
only after an internal analysis to determine that such contributions will not
negatively impact law-enforcement training or operations.

F. The Department shall report annually on or before December 31 to the Governor
and the General Assembly the amount of all cash, negotiable instruments, and
proceeds from sales conducted pursuant to &#xA7; 19.2-386.7 or 19.2-386.12 that
were forfeited to the Commonwealth, including the amount of all forfeitures
distributed to the Literary Fund. Such report shall also detail the amount
distributed by the Department to each federal, state, or local agency or office
pursuant to this section, and the amount each state or local agency or office
received from federal asset forfeiture proceedings. Any state or local agency
that receives a forfeited asset or an equitable share of the net proceeds of a
forfeited asset from the Department or from a federal asset forfeiture
proceeding shall inform the Department, in a manner prescribed by the
Department, of (i) the offense on which the forfeiture is based listed in the
information filed pursuant to &#xA7; 19.2-386.1, (ii) any criminal charge
brought against the owner of the forfeited asset, and (iii) if a criminal charge
was brought against the owner of the forfeited asset, the status of the charge,
including whether the charge is pending or resulted in a conviction. The
Department shall include such information in the annual report. The Department
shall ensure that such report is available to the public.

HISTORY: 1991, c. 560; 2012, cc. 126, 283, 373, 756; 2016, cc. 203, 423; 2018,
c. 666; 2022, c. 266; 2025, c. 448.