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NCJ Number: 199954
Title: Civil Asset Forfeiture: Where Does the Money Go?
Journal: Criminal Justice Review Volume:27 Issue:2 Dated:Autumn 2002 Pages:321-329
Author(s): Marian R. Williams
Date Published: 2002
Annotation: This article examines relevant Federal and State laws to
determine how proceeds from civil forfeitures, primarily obtained
from drug-related prosecutions, are used by the respective governments.
Abstract: Both Federal and State governments have enacted laws to specify
not only where forfeited money can go but also for what purposes
the money may be used. At the Federal level, civil forfeitures
are authorized under Section 881 of the Comprehensive Drug Abuse
Prevention and Control Act. In 1984 the act was amended to allow
proceeds from civil forfeitures to be deposited in the U.S.
Treasury's General Fund. This amendment was changed in 1986 to
allow Federal law enforcement agencies to keep proceeds related
to the forfeiture. It also established "equitable sharing," which
gives State and local agencies most of the proceeds of
forfeitures (up to 80 percent) if they were involved in the
enforcement action. States, if they choose, can receive
substantial revenues not only from Federal forfeitures but also
from their own enforcement actions under State law. Most
jurisdictions allow for forfeited property to be kept for
official use. An even higher number of jurisdictions (83 percent)
allow for proceeds from forfeitures to be used to pay forfeiture
expenses. Almost 9 out of 10 jurisdictions specify that funds
from forfeitures are to be given to law enforcement agencies or
are to be used for law enforcement purposes. State and Federal
laws have allowed law enforcement much leeway in the use of
forfeited funds; however, only a small number of States (fewer
than 20 percent) use forfeiture proceeds for drug treatment or
prevention, even though research has indicated that treatment and
education may be more successful in reducing drug-related crime
than law enforcement efforts. Coupled with the lowered due
process protections in civil forfeiture procedures, law
enforcement agencies have a strong incentive to promote the "war
on drugs" as a means of meeting budget demands through
forfeitures, even though evidence of the effectiveness of this
"war" is lacking. A table shows a State-by-State disposition of
funds from forfeitures by type of disposition. 22 references
Main Term(s): Drug forfeiture
Index Term(s): Federal Code; Forfeiture; Forfeiture law; Funding sources; State laws
Publisher: http://www.gsu.edu/cjr
Page Count: 9
Format: Article
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
To cite this abstract, use the following link: http://www.ncjrs.gov/App/publications/abstract.aspx?ID=199954
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