Reporting And Limiting Civil Forfeiture

The bill requires the division of criminal justice in the department of public safety (division) to establish and maintain a website containing:

• Specified information on each criminal forfeiture involving property; and
• Specified information on how each governmental agency that received proceeds from forfeitures used those proceeds.

The bill requires each governmental agency involved in seizing property under forfeiture statutes (seizing agency) to update the information posted on the division's website and establishes consequences if a seizing agency fails to update the website in a timely manner.

The executive director of the department of public safety (executive director) is authorized to adopt rules concerning the website.

The state auditor is required to annually perform a financial audit of seized property and expenditures of forfeiture proceeds and submit a report on the audit to certain committees of the general assembly and to the executive director. The executive director shall submit an annual report to certain committees and officers summarizing seizure and forfeiture activities in the state.

The bill prohibits a seizing agency from transferring or referring seized property to a federal governmental agency for forfeiture litigation unless the property includes currency in excess of $100,000.

The bill authorizes the division to charge a seizing agency a fee when the seizing agency updates the website to offset the division's costs of developing and maintaining the website. The bill establishes a cash fund for the fees.

The bill clarifies that information and reports developed pursuant to the bill are public records subject to inspection under the 'Colorado Open Records Act'.

(Note: This summary applies to this bill as introduced.)