Last edited Mon Jan 8, 2018, 11:13 AM - Edit history (1)
In the last three years, 24 states have comprehensively reformed their forfeiture laws, according to Sheth. As of July 10, when Connecticut Gov. Dannel Malloy signed H.B. 8146, 14 states require a criminal conviction before seized assets can be legally forfeited to authorities (if no conviction results, the assets must be returned to their owner).
Several states have other types of restrictions -- some ban the use of forfeited assets for law enforcement services and reroute the money to other public services, thereby eliminating the profit motive some say leads to abuse of the practice. (For a specific list of individual state policies, visit the Institute of Justice’s interactive map.)
But Sessions' order gives officers a way to bypass state restrictions.
It revives a program called Equitable Sharing or “adoptive forfeiture,” which allows local law enforcement to process forfeiture cases under federal statute and “share” the assets with federal authorities. In practice, the federal government sends up to 80 percent of the assets right back to local departments, effectively allowing them to get around stricter state laws, says Rulli. (emphasis added) Eric Holder, Obama's attorney general, eliminated adoptive forfeiture except in rare cases.
“Sessions is calling [adoptive forfeiture] a ‘partnership’ between the federal government and states,” says Rulli, “but in fact, it’s an attack on federalism and the ability of states to decide for themselves how they should handle this [issue].”
http://www.governing.com/topics/public-justice-safety/gov-civil-asset-forfeiture-directive-jeff-sessions-police.html
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