TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 28

CRIMINAL FORFEITURES

37-2801.  Property subject to criminal forfeiture. Any person who is found guilty of, who enters a plea of guilty, or who is convicted of a violation of the uniform controlled substances act, chapter 27, title 37, Idaho Code, punishable by imprisonment for more than one (1) year, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:

(1)  Any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

(2)  Any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of such violation.

The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to chapter 27, title 37, Idaho Code, that the person forfeit to the state of Idaho all property described in this section. The provisions of this chapter shall not be construed or interpreted in any manner to prevent the state of Idaho, attorney general or the appropriate prosecuting attorney from requesting restitution pursuant to section 37-2732(k), Idaho Code; or, if appropriate, from pursuing civil forfeiture pursuant to section 37-2744 and/or section 37-2744A, Idaho Code. Nor shall an order of forfeiture pursuant to this chapter be used as an offset against, or in any manner be used to diminish the amount of, a restitution order under section 37-2732(k), Idaho Code. The issue of criminal forfeiture shall be for the court alone, without submission to a jury, as a part of the sentencing procedure within the criminal action.

History:

[37-2801, added 1996, ch. 230, sec. 1, p. 750.]