P.R. Laws tit. 34, § 1724b

2019-02-21 00:00:00+00
§ 1724b. Forfeiture Board—Functions, powers, and duties

The Board shall also have the following powers, functions, and duties:

(a) To keep a record of all the property seized by the Commonwealth of Puerto Rico through forfeiture proceedings and compile the information on any forfeiture proceedings conducted.

(b) To prescribe an administrative procedure by regulations whereby the Administrative Director of the Board may return unduly seized property to the owners thereof.

(c) To determine, by regulations, the norms relating to the preservation, control, use, and disposition of forfeited property, and the best use of the resources acquired by the Commonwealth through these means.

(d) To establish the method and order of priority to dispose of forfeited property.

(e) To determine, by regulations, the rules for the assignment and transfer of forfeited property to law enforcement agencies for official use, as well as to other government agencies that have a public use therefor, subject to the terms and conditions established for such purposes.

(f) To establish, by regulations, the eligibility criteria for nonprofit organizations or persons that so request, through a government agency, to be able to receive property or funds transferred to the Commonwealth of Puerto Rico through forfeiture proceedings in a manner that is consistent with this chapter.

(g) To establish the rules to dispose of the property transferred to the Government of the Commonwealth of Puerto Rico, as a result of forfeiture proceedings and which turns out to be unlawful or useless.

(h) To dispose by means of sale, transfer, exchange, or any other lawful means, of any property forfeited according to the provisions of this chapter, and the proceeds thereof shall be covered into the Special Fund created in this chapter, and subject to the rules established by regulations to guarantee the sound administration and disposal of public funds.

(i) To administer the resources of the Special Fund and to authorize, as of June 30th of each year, any transfer therefrom in accordance with the provisions of this chapter.

(j) To receive, take custody and dispose of property seized in joint operations between Federal Government and Commonwealth of Puerto Rico authorities subject to the applicable conditions and restrictions and pursuant to the provisions of this chapter.

In these cases, the Board shall encourage the Commonwealth’s participating agency to directly request and receive the portion of seized property that is equivalent to its participation in the corresponding joint operations, in accordance with the applicable laws and regulations.

(k) To enter into and execute contracts, and any other instruments as are necessary to discharge any of its functions, powers, and duties through the Administrative Director of the Board.

(l) To take, by itself or through the Administrative Director of the Board, all the necessary, incidental, and proper actions to attain the purposes of this chapter.

(m) To establish the rules and requirements to negotiate out-of-court settlements in connection with forfeited property.

History —July 12, 2011, No. 119, § 5.