Senate Bill 1087 - Criminal Forfeiture Summary

• Persons convicted of felony violations of Idaho Code sections 18-1507, 18-1507A, 18-1509, or 18-1509A (crimes against children and vulnerable adults) must forfeit all proceeds obtained and any property used to commit or facilitate the crimes, including virtual or cryptocurrency.

• Prosecuting attorney must file a separate forfeiture allegation within 14 days of filing criminal information or indictment, with forfeiture determined by the court alone during sentencing without jury submission.

• Court may issue restraining orders, seizure warrants, or appoint receivers to preserve property subject to forfeiture upon probable cause determination.

• Third parties with property interests must be notified by certified mail within 20 days and may file verified answers within 20 days to claim innocent ownership; court hearings for disputed interests occur without juries at least 60 days after notice.

• Proceeds from property sales are distributed to innocent co-owners/lienholders first, then to prosecution and law enforcement for case expenses, with seized electronic hardware destroyed; prosecuting attorney may restore property to victims or retain it for law enforcement use.