Section 10. Definitions

The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Agency" means any federal, state or local agency or office that directly participated in the investigation or other law-enforcement activity which led, directly or indirectly, to the seizure and forfeiture.

"Agency administrator" means any chief of police, sheriff, commonwealth's attorney or agency head of a federal, state or local agency or office.

"Asset" means any property or interest in property, whether tangible or intangible, real or personal.

"Board" means the Criminal Justice Services Board.

"Chief administrative officer" means the officer vested with the administrative and executive function of a political subdivision (e.g., city manager, county manager, etc.), or in the case of an executive branch agency, the director, administrator, superintendent or other equivalent position as provided by law, unless such agency operates under a supervisory board as defined in § 9-6.25:3 of the Code of Virginia, in which case the chairman of the supervisory board shall be deemed "chief administrative officer."

"Committee" means the Forfeited Asset Distribution Committee of the Criminal Justice Services Board, sometimes referred to as "FADC."

"Department" or "DCJS" means the Department of Criminal Justice Services.

"Designated seizing agency" means the agency or office which initiates the seizure, or which retains possession of the seized property. Designated seizing agency may include the agency chosen by mutual decision of the participating agencies.

"Director" means the chief administrative officer of the Department of Criminal Justice Services.

"In-kind property" in this context means the actual property other than cash seized, forfeited and returned to the seizing agency for law-enforcement purposes. In-kind property includes property which is received in exchange for original in-kind property.

"Proceeds" means actual cash forfeited, and the cash value returned from the sale of forfeited property, including property that may have been returned "in-kind" and sold during a one-year period for a value greater than $250.

Historical Notes

Derived from VR240-04-2 § 1, eff. July 29, 1992.

Statutory Authority

§§ 19.2-386.4, 19.2-386.10 and 19.2-386.14 of the Code of Virginia.