501 KAR 11:010. Asset forfeiture.

      RELATES TO: KRS 218A.435

      STATUTORY AUTHORITY: KRS 218A.435

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 218A.435 provides that a portion of the asset forfeitures trust fund shall be allocated to the Corrections Cabinet for programs related to drug enforcement and incarceration. This administrative regulation establishes the procedures for disbursement of these funds.

      Section 1. Definitions. (1) "Cabinet" means the Corrections Cabinet.

      (2) "Trust funds" means the asset forfeiture trust fund created by KRS 218A.435.

      (3) "Allotment formula" means the formula used by the cabinet to distribute trust funds to county jails and budget units within the cabinet.

      Section 2. The cabinet shall disburse all funds received from the trust fund according to the following allotment formula:

      (1) Thirty-three and one-third (33 1/3) percent shall be returned to the fiscal court of the county or counties in which the conviction occurred which resulted in assets being forfeited. The funds shall be used to offset the costs of incarcerating the offender. The funds shall be transmitted within thirty (30) days of receipt by the cabinet.

      (2) Thirty-three and one-third (33 1/3) percent shall be disbursed to the Department of Adult Institutions to cover the costs of drug testing of inmates in penal institutions.

      (3) Thirty-three and one-third (33 1/3) percent shall be disbursed to the Department of Community Services and Local Facilities to cover the costs of drug testing of inmates in halfway houses, jails, and probationers and parolees under community supervision. (17 Ky.R. 690; eff. 10-14-90.)