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Wednesday, January 05, 2011

Ind. Law - Bill introduced re divying up of civil forfeiture monies

A press release today begins:

STATEHOUSE (Jan. 5, 2011) — State Sen. Richard Bray (R-Martinsville) today announced he’s filed a bill to set a new calculation for law enforcement costs in Indiana’s much-debated forfeiture laws.

As written, Senate Bill 215 would allow a set amount of the value of the property seized in criminal cases to cover police and prosecutors’ costs, directing the rest to the Common School Fund:

  • If seized property value is $3,000 or less, law enforcement costs are 85 percent of the entire amount;
  • If seized property value is more than $3,000 and less than $100,000, law enforcement costs are $3,000 plus 50 percent of the value between $3,000 and $100,000, not exceeding 85% of the total value of the property; and
  • If seized property value is $100,000 or more, law enforcement costs are $53,000 plus 20 percent of the amount equal to or exceeding $100,000.
Additionally, as written, Bray’s bill provides for 25 percent of the law enforcement costs collected to be transferred to the prosecuting attorney to pay the expenses of bringing the forfeiture action. This amount is capped at $10,000 if the property seized is less than $100,000 and $20,000 if the amount seized is $100,000 or more.

“After speaking with a variety of legal experts and interested parties, Senate Bill 215 was created to include a stair-step calculation for law enforcement costs,” Bray said. “While other states have been cited for dividing seized property value in a 50/50 fashion, I want to ensure law enforcement offices and prosecuting attorney’s offices have their costs covered. The funds generated would not exist if it weren’t for their efforts.”

Bray said he spoke with representatives from the Indiana Prosecuting Attorneys Council, the Attorney General’s office and other police agencies before setting the new calculation.

Currently, state law calls for excess money or funds not needed to cover law enforcement costs in a seizure and forfeiture case to be transferred to the state treasurer for deposit in the Common School Fund.

ILB: Unfortunately, SB 215 is not yet available. When it is, it should be here.

As noted: "Currently, state law calls for excess money or funds not needed to cover law enforcement costs in a seizure and forfeiture case to be transferred to the state treasurer for deposit in the Common School Fund."

The issue has been, what are the costs? Some counties have carefully divided out their costs for the particular case and sent the rest to the Common School Fund. Other counties, however, have retained a large part, or all, of the forfeited funds.

Although it still uses the term "costs," this bill would drop any pretense of basing the amount law enforcement receives upon its actual costs in the forfeiture case, and would simply divy the money up, based on a specific formula, but basically half and half. The impact will depend on the county.

Posted by Marcia Oddi on January 5, 2011 03:58 PM
Posted to Indiana Law