CCI Contact: Allison Daley // adaley@ccionline.org // (303)-885-1434

Civil Asset Forfeiture Reform Briefing (as of 6/25/18)

The goal of this memo is to provide information to assist county governments in fulfilling new reporting requirements for all civil asset forfeitures due to the passage of HB17-1313 and HB18-1020. This should not be interpreted as legal advice. You should consult with your county attorney before proceeding.

Background

Forfeiture is a civil action undertaken in combination with a criminal prosecution whereby prosecutors must prove that the property was used to carry out, or constitutes the proceeds of, an illegal act.

When a state or local agency pursues a forfeiture under Colorado law, profits from the forfeiture are distributed between the seizing agency (50%), the managed service organization providing behavioral health in the judicial district of the seizure (25%), and the Law Enforcement Community Services Grant described below (25%).

When a state or local agency works with a federal agency in a joint investigation or seizes assets related to a violation of federal law, the proceeds are distributed between the federal agency and the local or state agencies involved as dictated by federal law. In Colorado, the aggregate value of the seized assets must exceed $50,000 to receive a share from the federal government. The law also requires the forfeiture proceeding be related to a filed criminal case. CRS 16-13-306.5.

The goals of HB17-1313 and HB18-1020 were to increase the transparency of asset forfeiture through greater reporting of both state and federal asset forfeitures. Additionally, both bills are intended to encourage the use of the state’s asset forfeiture laws (rather than federal law), by limiting the proceeds available to state and local governments as a result of federal asset forfeitures.

General Questions

Who is required to report civil asset forfeitures? Reporting agencies, at minimum, include local law enforcement agencies, district attorneys’ offices, and local governments. Entities that are authorized to seize real or personal property pursuant to public nuisance laws or ordinances must report, even if the entity does not take part in a forfeiture during the reporting period.

Who do entities report to? The Department of Local Affairs. The following link provides access to the reporting form: https://dola.colorado.gov/dlg_cfs/portalTerms.jsf. A slideshow detailing the reporting process is also attached to this briefing. If you have questions about the form, please call (303) 864-7720 or email dola_dlg_helpdesk@state.co.us.

When must an agency report? Reporting agencies need to submit their reports semiannually. For the time period covering July 1-December 31, reports are due by June 1 of the following calendar year. For January 1-June 30, reports are due by December 1 of that calendar year. The first report was due on June 1, 2018.

What do reporting agencies need to report? The amount of proceeds received, a categorization of the expenditure of any proceeds, and the retained balance of forfeiture proceeds during the reporting period must be reported. A full list of the requested information can be found in HB17-1313 or CRS 16-13-701(5).

If the information will disclose confidential sources, investigative or prosecutorial information that may endanger someone’s life, surveillance, or disclose law enforcement investigative procedures, the reporting agency is not required to include that information in the report. The reporting agency should provide information to the best of its knowledge. The law does not require information gathering, only reporting on information the reporting agency has at the time. Therefore, the reporting agency is not required to collect data they do not currently collect.

What happens if a reporting agency fails to report? Ultimately, a reporting agency may be subject to a civil fine of $500 or 50% of the total forfeiture proceeds in that reporting period, whichever is greater, pursuant to CRS 16-13-701(7)(c).

Available Grants

The following grant programs are being developed this summer, and applications are expected to be ready by the fall. These applications will be included in eCounty Lines when they become available.

Law Enforcement Community Services Grant The amount available in this grant will vary based on forfeiture activity each year, but an estimated $500,000 will be available for all law enforcement entities, local governments, and community organizations. Funding can be used for services to the community through policing; community outreach; drug intervention, prevention, treatment, and recovery; technology; and training. This grant program will be run by the Department of Local Affairs.

Law Enforcement Assistance Grant In response to concerns from the opponents of HB17-1313, Gov. Hickenlooper set aside $1.5 million in Marijuana Tax Cash Funds to reimburse local governments and law enforcement involved in civil asset forfeiture that lose revenue as a result of the limitation on receipt of proceeds. These funds can be used for any purpose permissible under federal equitable sharing guidelines. This grant program will be run by the Department of Public Safety.

REPORTING PROCESS

Civil Asset Forfeiture Reporting

• A year is divided into two reporting periods: July 1 to December 31, and January 1 to June 30.  The report for the period ending December 31 is due by June 1 and the report for the period ending June 30 is due by December 1.

• Seizing agencies failing to file a report within 30 days after its due date are statutorily directed to pay a civil fine of at least $500.

Who Reports?

• A county, municipality, District Attorney Office, and some State Agencies are all required to report.

• Task Forces are also required to report as a separate reporting agency. Member agencies of a Task Force must also file individual reports.

• If a municipality does not spend money on law enforcement, they may be granted an exemption.

How to Report• To complete a report, begin by

going to the DOLA home page at https://www.colorado.gov/pacific/dola

• Click on Local Government at the top, and then select Civil Asset Forfeiture Reporting.

• This will take the user to the Civil Asset Forfeiture Reporting home page at https://www.colorado.gov/pacific/dola/civil-asset-forfeiture-reporting

How to Report, cont.

• The Civil Asset Forfeiture Reporting home page provides a link to the legislation, FAQs, and other helpful information.

• This page will also allow you to access publicly available reports that any agency has submitted.

How to Report, cont.

How to Report, cont.

Login To The System

Login To The System

• After you have created an account, after entering your credentials you will be taken to a main menu. There are two options: Report and Request Access To Organization.

• You must first request access to an organization before trying to file a report.

Requesting Access to an Organization

• After you have successfully requested access to an organization and been approved, proceed to file a report.

Requesting Access to an Organization

Reporting

Reporting, cont.

Reporting, cont.

Reporting, cont.

Reporting, cont.

Reporting, cont.

Submitted Reports