(1) The general assembly finds that:
Under state and federal forfeiture laws and subject to the due process provisionsprovided in both state and federal law as applicable, state and local law enforcement agencies are authorized to seize money and other property and to use forfeiture proceeds as permitted and expressly limited by both operation of state and federal law and applicable asset forfeiture policies and guidelines;
It is the responsibility of state legislators to monitor seizures by law enforcementagencies, forfeiture litigation by prosecutors, and their expenditures of forfeited proceeds when such money is received by a law enforcement agency or prosecutor's office; and
This section provides legislators and the public with the information necessary forbasic oversight of law enforcement agencies and prosecutors' offices that seize property, obtain the proceeds of such seizures through the asset forfeiture process, and expend the proceeds of such forfeitures under both state and federal laws.
(2) As used in this section, unless the context otherwise requires:
"Department" means the department of local affairs created pursuant to section 24-1125.
"Executive director" means the executive director of the department of local affairs.
"Reporting agency" means:
(I) Any state or local governmental entity that employs a person, other than a judge or magistrate, who is authorized to effectuate a forfeiture of real or personal property, pursuant to:
Part 3 of this article 13, abatement of public nuisance;
Part 5 of this article 13, "Colorado Contraband Forfeiture Act";
Part 6 of this article 13, receipt of federally forfeited property; or
Sections 18-17-105 and 18-17-106 of the "Colorado Organized Crime Control Act";or
The office of a district attorney; or
Any local governmental entity charged with enforcement of local laws or ordinances governing public nuisances within its local jurisdiction that obtains proceeds as a result of a seizure and forfeiture pursuant to such laws or ordinances.
(3) This section applies to property seized under the following:
Part 3 of this article 13, abatement of public nuisance;
Part 5 of this article 13, "Colorado Contraband Forfeiture Act";
Part 6 of this article 13, receipt of federally forfeited property;
Sections 18-17-105 and 18-17-106 of the "Colorado Organized Crime Control Act";and
Any local public nuisance law or ordinance.
(4) (a) The executive director shall establish, maintain, and amend as necessary and post on the department's website a biannual reporting form for use by reporting agencies to report the information required by subsection (5) of this section. Each reporting agency that received any forfeiture proceeds through a state, federal, or local forfeiture process within the reporting period shall complete a form on the department's website for that reporting period. In creating the form, the executive director shall consider the input from the following:
The Colorado district attorneys' council;
A statewide association of chiefs of police;
A statewide association of county sheriffs;(IV) The department of public safety; and (V) The attorney general.
If a reporting agency has not received any forfeiture proceeds during a reportingperiod, it shall submit a report indicating that no forfeiture proceeds were received.
On or before December 31, 2017, the executive director shall provide access to theuniform report form developed pursuant to subsection (4)(a) of this section for reporting agencies to file or update information as required by this section.
(5) Based upon the information received on the forms submitted pursuant to subsection (4) of this section, the department shall establish and maintain a searchable, public access database that includes the following, if known at the time of reporting:
(a) Information from each case in which a reporting agency received any forfeiture proceeds specifying:
The name of the reporting agency and, if seized by a multijurisdictional task force,the name of the lead agency;
The date of the seizure;
The place of the seizure, whether a home, business, or traffic stop, and, if a trafficstop on an interstate or state highway, the direction of the traffic flow, whether eastbound, westbound, southbound, or northbound;
The basis for the law enforcement contact;(V) The type of property seized:
If currency, the amount of the currency; and
If property other than currency, any make, model, or serial number related to theproperty and the estimated net equity of the property;
Whether a state or federal criminal case was filed in relation to the seizure and, ifso, the court in which the case was filed, the case number and charges filed, and any disposition of the criminal case;
If forfeiture is sought under federal law, the reason for the federal transfer, whetheradoption, joint task force, or other; and
Information relating to any forfeiture proceeding including:
The court in which the forfeiture case was filed;
The forfeiture case number;
If any owner or interest owner filed a counterclaim;
If any owner was determined by the court to be an innocent owner;
The date of the forfeiture order;
If any asset was returned in whole to an owner or interest holder, a description of theasset and the date of the return;
If any property was sold, the proceeds received from the sale;
If any property was retained by a state or local agency, the purpose for which it wasused;
The date of any disposition of the property;
If the property was destroyed by a state or local agency, the date of destruction;
If an order for destruction was issued by the federal government; and
The amount of any proceeds received by the reporting agency; and
(b) Information from each reporting agency on the use of forfeiture proceeds reported pursuant to this section including:
(I) The total amount of money expended in each of the following categories during the reporting period:
Drug abuse, crime, and gang prevention programs;
Victim services programs;
Informant fees and controlled buys on closed cases;
Salaries, overtime, and employment benefits, as permitted by law;
Professional outside services, including auditing, court reporting, expert witness andoutside counsel fees, and membership fees paid to trade associations;
Travel, meals, entertainment, training conferences, and continuing education seminars;
Operating expenses, including office supplies, postage, and advertising;
Capital expenditures, including vehicles, firearms, equipment, computers, and furniture; and
Other expenditures of forfeiture proceeds; and
(II) The total value of seized and forfeited property held by the reporting agency at the end of the reporting period.
(6) The department shall also post on the website a summary of information received pursuant to subsection (4) of this section that, to the extent available for the reporting period, describes:
The total number of forfeiture actions initiated or administered by each reportingagency;
The total number of federal judicial or administrative forfeiture actions initiated by amultijurisdictional task force including a federal agency or referred by a reporting agency and accepted by the federal government for forfeiture under federal law;
The type of assets seized and the total value of the net proceeds received in all reported forfeitures; and
The recipients of any forfeiture proceeds including the amount received by each andthe date of receipt.
(7) (a) Each reporting agency, including any district attorney or other prosecutor, that receives or expends forfeiture-related money or property shall submit a report with all the information required pursuant to subsection (5) of this section that is known to the agency at the time of the report on the form developed pursuant to subsection (4)(a) of this section. Commencing July 1, 2017, for the reporting period between July 1 and December 31 of each year, the reporting agency shall file the report by June 1 of the following calendar year. For the reporting period between January 1 and June 30, the reporting agency shall file the report by December 1 of that calendar year. If a reporting agency has previously filed a report, but for the reporting period it has not received or expended any forfeiture proceeds, it shall submit a report indicating that fact.
Notwithstanding the provisions of this section, if the reporting of any informationrequired by subsection (5) of this section is likely to disclose the identity of a confidential source; disclose confidential investigative or prosecution material that could endanger the life or physical safety of any person; disclose the existence of a confidential surveillance or investigation; or disclose techniques or procedures for law enforcement procedures, investigation, or prosecutions, the reporting agency is not required to include such information in the report developed pursuant to subsection (4)(a) of this section. The executive director shall include in the form developed pursuant to subsection (4)(a) of this section a box for a reporting agency to check if it is not disclosing information pursuant to this subsection (7)(b).
If a reporting agency fails to file a report required by subsection (7)(a) of this sectionwithin thirty days after the date the report is due, the executive director shall send notice of the failure to the reporting agency. If the report:
Is filed within forty-five days after the notice of failure is sent, the reporting agencyshall pay a civil fine of five hundred dollars; or
Is not filed within forty-five days after the notice of failure is sent, the reportingagency shall pay a civil fine of the greater of five hundred dollars or an amount equal to fifty percent of the forfeiture proceeds received by the reporting agency during the reporting period.
(d) If the department pursues legal action to enforce the civil fines established pursuant to subsection (7)(c) of this section and the department prevails in the action, the department is entitled to its reasonable attorney fees and costs related to the action.
(8) (a) Not later than December 31, 2019, and each December 31 thereafter, the executive director shall submit a report summarizing seizure and forfeiture activity in the state for the prior fiscal year to the governor; the attorney general; and the judiciary committees of the senate and the house of representatives, or any successor committees. The report must also be posted on the division's website. The report must include:
The type, approximate value, and disposition of all property seized;
The amount of any forfeiture proceeds received by the state and any subdivision ofthe state; and
A categorized accounting of all forfeiture proceeds expended by the state and anysubdivision of the state.
The executive director may include in the report prepared pursuant to subsection(8)(a) of this section recommendations to improve statutes, rules, or policies to better ensure that seizures, forfeitures, and expenditures are done and reported in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, law enforcement personnel, and taxpayers.
Notwithstanding section 24-1-136 (11)(a)(I), the report required in this subsection (8) continues indefinitely.
(9) (a) The office of behavioral health shall prepare an annual accounting report of money received by the managed service organization pursuant to section 16-13-311 (3)(a)(VII)(B), including revenues, expenditures, beginning and ending balances, and services provided. The office of behavioral health shall provide this report to the health and human services committee of the senate and the public health care and human services committee of the house of representatives, or any successor committees.
(b) Pursuant to section 24-1-136 (11)(a)(I), the report required in this subsection (9) expires on February 1, 2021.
The executive director may adopt policies and procedures to implement the provisions of this section.
Notwithstanding any provision in article 72 of title 24, information, except for information described in subsection (7)(b) of this section, and reports prepared pursuant to this section are public records and subject to inspection pursuant to part 2 or 3 of article 72 of title 24.
Source: L. 92: Entire part added, p. 451, § 6, effective July 1. L. 2002: Entire section amended, p. 930, § 13, effective July 1. L. 2003: (1) and (4) amended, p. 906, § 19, effective July 1. L. 2009: (2) and (3) amended, (SB 09-292), ch. 369, p. 1948, § 30, effective August 5. L. 2010: (4) amended, (SB 10-175), ch. 188, p. 783, § 23, effective April 29. L. 2017: (4) amended, (SB 17-242), ch. 263, p. 1253, § 10, effective May 25; (4) amended, (SB 17-234), ch. 154, p. 525, § 19, effective August 9; entire section R&RE, (HB 17-1313), ch. 403, p. 2100, § 1, effective August 9. L. 2018: (2)(c), (3)(c), (3)(d), IP(4)(a), (4)(b), (4)(c), IP(5)(a), (5)(a)(I), IP(5)(b), (5)(b)(II), (6)(a), (6)(b), (7)(a), (7)(b), and (7)(c) amended and (3)(e) added, (HB 181020), ch. 307, p. 1854, § 1, effective September 1.
Editor's note: Subsection (4) was amended in SB 17-242 and SB 17-234. Those amendments were superseded by the repeal and reenactment of this section in HB 17-1313.