NCJ Number
158975
Date Published
1993
Length
6 pages
Annotation
This report examines the use of asset seizure and forfeiture in drug cases, with emphasis on its implications for Illinois drug law enforcement and criminal justice policy.
Abstract
Modeled after similar Federal laws, Illinois' asset seizure and forfeiture laws are intended as a way to address the profit motive for trafficking in illegal drugs. Issues related to seizures and forfeiture include how the funds should be distributed and used, the civil or criminal rules of evidence to follow in forfeiture cases, safeguards to protect the civil liberties and property rights of individuals, and the long-term impacts of these programs. The two types of forfeiture procedures are administrative forfeiture, which applies only to property valued at less than $20,000, and judicial forfeiture. Nonmonetary assets are generally sold, and the proceeds and cash are distributed to agencies involved in the case using a formula set by law. Since fiscal year 1988, more than $34.7 million has been deposited in the Illinois State Police Forfeiture Fund. Ongoing issues and concerns include whether the use of forfeited assets should be expanded to community-based drug prevention efforts, fairness issues, and whether investigatory and enforcement decisions are being based more on the potential for forfeiture than on public safety. Figures and 5 references