§ 4-1.2-5. Disposition of seized animals. (a) If a seized animal is forfeited or surrendered pursuant to § 4-1.2-4, or after hearing the court finds that the animal is neglected or cruelly treated, it may transfer ownership of the animal in any state, municipal, or other public or private agency that is permitted by law to care for neglected or cruelly treated animals or with any person found to be suitable or worthy of the responsibility by the court.

(b) If, after hearing, the court finds that the animal is so injured or diseased, the court may order the animal into the care of a licensed veterinarian to provide the animal with appropriate treatment.

(c) If, after hearing, the court finds that the animal is not neglected or cruelly treated, it may cause the animal to be returned to its owner(s) or person(s) having responsibility for its care or, if the owner(s) or person(s) is unknown or unwilling to resume caring for the animal, it may transfer ownership of the animal in any state, municipal, or other public or private agency or person found to be suitable or worthy of the responsibility.

(d) If the court renders a final decision under subsection (a) or (b) of this section, the agency or person with whom the bond was posted shall return the balance, if any, of the bond to the owner(s). The amount of the bond to be returned to the owner(s) shall be calculated by dividing the amount of the bond by thirty (30) to establish the daily rate and subtracting the number of days less than thirty (30) that the agency or person has not had temporary care and custody of the animal.

(e) If the court makes a finding pursuant to subsection (c) of this section after the issuance of an order of temporary care and custody pursuant to § 4-1.2-3 and the owner(s) of the animal has posted a bond pursuant to § 4-1.2-4(b), the agency or person with whom the bond was posted shall return all the bond(s) to the owner(s).

(f) Unless the court finds that there was no probable cause to institute a complaint that the animal is not neglected or cruelly treated, the expense incurred by the state or a municipality in providing proper food, shelter, and care to an animal it has seized pursuant to this chapter and the expense incurred by any state, municipal, or other public or private agency or person in providing temporary care and custody to an animal pursuant to the provisions of this chapter shall be determined by calculating the average costs from three (3) providers of the necessary equivalent services related to the veterinary care, sheltering, feeding, and board in the state, which was provided to the animal.

History of Section. (P.L. 2019, ch. 180, § 1; P.L. 2019, ch. 242, § 1.)