§ 1349. Disposal of property. 1. Any judgment or order of forfeiture
issued pursuant to this article shall include provisions for the
disposal of the property found to have been forfeited.

2. If any other provision of law expressly governs the manner of
disposition of property subject to the judgment or order of forfeiture,
that provision of law shall be controlling, with the exception that,
notwithstanding the provisions of any other law, all forfeited monies
and proceeds from forfeited property shall be deposited into and
disbursed from an asset forfeiture escrow fund established pursuant to
section six-v of the general municipal law, which shall govern the
maintenance of such monies and proceeds from forfeited property. Upon
application by a claiming agent for reimbursement of moneys directly
expended by a claiming agent in the underlying criminal investigation
for the purchase of contraband which were converted into a non-monetary
form or which have not been otherwise recovered, the court shall direct
such reimbursement from money forfeited pursuant to this article. Upon
application of the claiming agent, the court may direct that any
vehicles, vessels or aircraft forfeited pursuant to this article be
retained by the claiming agent for law enforcement purposes, unless the
court determines that such property is subject to a perfected lien, in
which case the court may not direct that the property be retained unless
all such liens on the property to be retained have been satisfied or
pursuant to the court's order will be satisfied. In the absence of an
application by the claiming agent, the claiming authority may apply to
the court to retain such property for law enforcement purposes. Upon
such application, the court may direct that such property be retained by
the claiming authority for law enforcement purposes, unless the court
determines that such property is subject to a perfected lien. If not so
retained, the judgment or order shall direct the claiming authority to
sell the property in accordance with article fifty-one of this chapter,
and that the proceeds of such sale and any other moneys realized as a
consequence of any forfeiture pursuant to this article shall be
deposited to an asset forfeiture escrow fund established pursuant to
section six-v of the general municipal law and shall be apportioned and
paid in the following descending order of priority:

(a) Amounts ordered to be paid by the court in satisfaction of any
lien or claim against property forfeited. A fine imposed pursuant to the
penal law shall not be deemed to constitute a lien or claim for purposes
of this section;

(b) Amounts ordered to be paid by the defendant in any other action or
proceeding as restitution, reparations or damages to a victim of the
crime, which crime constitutes the basis upon which forfeiture was
effected under this article, to the extent such amounts remain unpaid;

(c) Amounts ordered to be paid by the defendant in any other action or
proceeding as restitution, reparations or damages to a victim of any
crime committed by the defendant even though such crime did not
constitute the basis for forfeiture under this article, to the extent
that such amounts remain unpaid;

(d) Amounts actually expended by a claiming authority or claiming
agent, which amounts are substantiated by vouchers or other evidence,
for the: (i) maintenance and operation of real property attached
pursuant to this article. Expenditures authorized by this subparagraph
are limited to mortgage, tax and other financial obligations imposed by
law and those other payments necessary to provide essential services and
repairs to real property whose occupants are innocent of the criminal
conduct which led to the attachment or forfeiture; and

(ii) proper storage, cleanup and disposal of hazardous substances or
other materials, the disposal of which is governed by the environmental
conservation law, when such storage, cleanup or disposal is required by
circumstances attendant to either the commission of the crime or the
forfeiture action, or any order entered pursuant thereto;

(e) In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, fifteen percent of all moneys realized through
forfeiture 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 taxable under the provisions of this
chapter;

(f) In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, five percent of all moneys realized through
forfeiture to the claiming agent in satisfaction of actual costs
incurred for protecting, maintaining and forfeiting the property
including that proportion of the salaries of attorneys, clerical and
investigative personnel devoted thereto;

(g) Forty percent of all moneys realized through forfeiture which are
remaining after distributions pursuant to paragraphs (a) through (f) of
this subdivision, to the chemical dependence service fund established
pursuant to section ninety-seven-w of the state finance law;

(h) All moneys remaining after distributions pursuant to paragraphs
(a) through (g) of this subdivision shall be distributed as follows:

(i) seventy-five percent of such moneys shall be deposited to a law
enforcement purposes subaccount of the general fund of the state where
the claiming agent is an agency of the state or the political
subdivision or public authority of which the claiming agent is a part,
to be used for law enforcement use in the investigation of penal law
offenses or law enforcement assisted diversion;

(ii) the remaining twenty-five percent of such moneys shall be
deposited to a prosecution services subaccount of the general fund of
the state where the claiming authority is the attorney general or the
political subdivision of which the claiming authority is a part, to be
used for the prosecution of penal law offenses.

Where multiple claiming agents participated in the forfeiture action,
funds available pursuant to subparagraph (i) of this paragraph shall be
disbursed to the appropriate law enforcement purposes subaccounts in
accordance with the terms of a written agreement reflecting the
participation of each claiming agent entered into by the participating
claiming agents.

3. All moneys distributed to the claiming agent and the claiming
authority pursuant to paragraph (h) of subdivision two of this section
shall be used to enhance law enforcement efforts and not in
supplantation of ordinary budgetary costs including salaries of
personnel, and expenses of the claiming authority or claiming agent
during the fiscal year in which this section takes effect.

4. The claiming authority shall report the disposal of property and
collection of assets pursuant to this section to the office of victim
services, the state division of criminal justice services and the state
division of substance abuse services.

5. Monies and proceeds from the sale of property realized as a
consequence of any forfeiture distributed to the claiming agent or
claiming authority of any county, town, city, or village of which the
claiming agent or claiming authority is a part, shall be deposited to an
asset forfeiture escrow fund established pursuant to section six-v of
the general municipal law.