Chapter 79

10 GCA HEALTH AND SAFETY CH. 79 SPECIAL ASSETS FORFEITURE FUND 1 CHAPTER 79 SPECIAL ASSETS FORFEITURE FUND SOURCE: This Chapter was added by P.L. 26-120:2 (Aug. 14, 2002). The Compiler has renumbered this Chapter so that it beg ins with the standard § cc101 rather than § xx000. § 79101. Creation of Fund. § 79102. Assets Forfeited. § 79103. Deposit. § 79104. Expenditure. § 79105. Report. § 79101. Creation of Fund. (a) There is hereby created, separate and apart fr om other funds of the government of Guam, a fund to be known as th e ‘Special Assets Forfeiture Fund’ (‘Fund’), which shall be di vided into two (2) accounts; one account to be known as the ‘Local Assets Forfeiture Account’ (‘LAFA’), and the other account to be known as the ‘Federal Shared Assets Forfeiture Account’ ( ‘FSAFA’). (b) The Fund shall not be commingled with the Gene ral Fund and shall be kept in a separate bank account, admin istered by the Chief of Police of the Guam Police Department (‘Chi ef’). (c) Expenditure from the Fund shall be authorized b y legislative appropriation exclusively for the purpo ses pursuant to §§ 79104(a) and (b) of this Chapter.

f the Guam Police Department (‘Chi ef’). (c) Expenditure from the Fund shall be authorized b y legislative appropriation exclusively for the purpo ses pursuant to §§ 79104(a) and (b) of this Chapter. 2018 NOTE: Subsection designation added pursuant to authorit y by 1 GCA § 1606. § 79102. Assets Forfeited. Whenever property is forfeited under any local law enforced or administered by the Guam Police Department, the Gua m Police Department may: (a) retain the property for official use; (b) subject to any other applicable laws, sell any forfeited property which is not required to be destroyed by l aw and which is not harmful to the public; or COL919201810 GCA HEALTH AND SAFETY CH. 79 SPECIAL ASSETS FORFEITURE FUND 2 (c) require the property to be taken into custody a nd removed for disposition in accordance with law. § 79103. Deposit. (a) There shall be deposited into the LAFA all proc eeds from the sale of property forfeited under any local law enforced or administered by the Guam Police Department, includi ng, but not limited to, 16 GCA § 18108 [repealed]; 10 GCA § 692 07; and 9 GCA § 67.502.1.

ale of property forfeited under any local law enforced or administered by the Guam Police Department, includi ng, but not limited to, 16 GCA § 18108 [repealed]; 10 GCA § 692 07; and 9 GCA § 67.502.1. (b) All proceeds from the sale of forfeited propert y received by the Guam Police Department from any cooperative agr eement or memorandum of understanding between the Guam Police Department and any other government of Guam entity shall also be deposited into the LAFA. (c) All proceeds from the sale of forfeited proper ty received by the Guam Police Department from any cooperative agr eement or memorandum of understanding between the Guam Police Department and the Federal government shall be depo sited into the FSAFA. 2018 NOTE: The repeal of 16 GCA § 18108 by P.L. 34-107:3 (Ju ne 5, 2018), has been indicated in subsection (a). § 79104. Expenditure. (a) The LAFA, as appropriated by I Liheslaturan Gu åhan [Guam Legislature], shall be exclusively used for t he following purposes: (1) the payment, upon the approval of the Chief, of any expenses necessary to seize, detain, inventory, saf eguard, maintain, advertise, sell or dispose of property un der seizure, detention or forfeited

the payment, upon the approval of the Chief, of any expenses necessary to seize, detain, inventory, saf eguard, maintain, advertise, sell or dispose of property un der seizure, detention or forfeited pursuant to any law enforced or administered by the Guam Police Department, or of a ny other necessary expense incident to the seizure, detentio n, forfeiture or disposal of such property; (2) for the purchase of new police vehicles; (3) for the purchase of equipment for the Guam Poli ce Department, as deemed necessary by the Chief; or COL919201810 GCA HEALTH AND SAFETY CH. 79 SPECIAL ASSETS FORFEITURE FUND 3 (4) for the payment of training expenses for the po lice officers of the Guam Police Department. (b) The FSAFA shall be expended as authorized by th e Federal government guidelines that govern the acquisition, use and reporting of forfeited assets. § 79105. Report. The Chief shall transmit to I Maga'lahen Guåhan [G overnor] and to I Liheslaturan Guåhan [Guam Legislature], no later than thirty (30) days after the end of each fiscal year, a detailed report of each account of the Fund as follows: (a) the estimated total value of property forfeite d under any law enforced or

later than thirty (30) days after the end of each fiscal year, a detailed report of each account of the Fund as follows: (a) the estimated total value of property forfeite d under any law enforced or administered by the Guam Police Departm ent with respect to which funds were not deposited into the Fund; (b) each account’s beginning balance on October 1 of each year; (c) sources of receipts (seized cash, conveyances and others); (d) the net amount realized from the year’s operat ions, amount of seized cash being held as evidence, and the amou nt of money legally allowed to be carried over the following ye ar; (e) year-end of each account balance; (f) a report for such fiscal year, containing fina ncial statements, reviewed by the Public Auditor, and an audited repo rt every three (3) years, including profit and loss information wi th respect to forfeited property (by category), and financial inf ormation on forfeited property transactions; and (g) any other pertinent information. ---------- COL9192018 COL9192018