Pubdate: Fri, 22 Mar 2002 Source: Denver Post (CO) Copyright: 2002 The Denver Post Corp Contact: http://www.denverpost.com/ Details: http://www.mapinc.org/media/122 Author: Julia C. Martinez Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) PUEBLO DA INSISTS FORFEITURE LAW NEEDED Pueblo's district attorney said Thursday that his office can't afford to buy computers, cameras and other equipment without proceeds from property confiscated under Colorado's civil forfeiture law. Gus Sandstrom Jr. said the law is working just fine, and he doesn't want the legislature to change it. "We're desperate for dollars. We can't keep up with the crooks without the forfeitures," Sandstrom said. "We use the money to make up for the training the city and county can't pay for and to buy equipment. We wouldn't have a digital camera without the forfeiture money." Sen. Bill Thiebaut, D-Pueblo, and Rep. Shawn Mitchell, R-Broomfield, announced legislation Thursday aimed at reforming Colorado's civil forfeiture law. "Right now, state law allows the government to take your property just because it looks like you're doing something wrong," Mitchell said. Victims Called Deserving Thiebaut said he's strongly opposed to law enforcement prospering from property seizures. But as the law currently stands, most do. He said he was surprised to learn Sandstrom depends on forfeiture proceeds to furnish his office. "Victims deserve to be compensated before buying computers for law enforcement's offices," Thiebaut said. House Bill 1404 has the bipartisan backing of 17 other lawmakers in the House and Senate and a broad coalition of groups from the American Civil Liberties Union to the National Rifle Association. The bill would require that, in most cases, the property owner be convicted of a crime before items are confiscated. It would make it easier for citizens to reclaim their property by requiring the government to show why it should be seized rather than forcing citizens to prove why it shouldn't. Reporting Requirements In addition, the legislation would toughen the requirement that law enforcement report cars, cash and other assets seized from citizens believed connected to a crime. A 1992 law sets out the reporting requirement, but most law enforcement agencies may be ignoring it. It also would require that proceeds of confiscated assets be funneled to lien holders, such as banks, innocent family members and drug treatment programs, once law enforcement has been compensated. According to a list released Thursday, the El Paso County sheriff's office reported $678,660 in cash and $1.3 million in "fixed assets" in its forfeiture funds. Mitchell said current law "actually creates an incentive for police to take your property because they get to keep what they take." He said the law also makes a mockery of a basic constitutional premise that citizens are presumed to be innocent until proven guilty. "That's wrong, and we want to change it," Mitchell said. - --- MAP posted-by: Ariel