August 9, 2017 was the effective date of HB17-1313.
“(2) This act applies to seizures conducted on or after the applicable effective date of this act.”
House Bill 17-1313 Section (6)(2)
State and local agencies that have received state of federal forfeiture proceeds within the applicable report period are required to submit a Civil Asset Forfeiture Report to the Department of Local Affairs. If a Seizing Agency has not received proceeds, a report is still required for each period.
Pursuant to CRS 16-13-701(4)
“(4) (a) . . . Each seizing agency that received any forfeiture proceeds through either a state or federal forfeiture process within the reporting period shall complete a form on the department's website for that reporting period. . . .“
“(b) If a seizing agency has not received any forfeiture proceeds during a reporting period, it shall submit a report indicating that no forfeiture proceeds were received.”
Pursuant to CRS 16-13-701(7)(a)
"Each seizing 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."
And per CRS 16-13-701(2)(c) "Seizing agency" has the same meaning as defined in section 16-13-301(2.7):
"Seizing agency" means any agency that is charged with the enforcement of the laws of this state, of any other state, or of the United States and that has participated in a seizure or has been substantially involved in effecting a forfeiture through the development of evidence underlying the claim for forfeiture or through legal representation pursuant to this part 3. The department of corrections, the division of parks and wildlife in the department of natural resources, and a multijurisdictional law enforcement task force shall be deemed to be included under this definition." CRS 16-13-301(2.7)
The biannual Civil Asset Forfeiture Reports filed pursuant to HB17-1313 cover six months of each year and are due by June 1 and December 1 following the applicable reporting period.
"...Commencing July 1, 2017, for the reporting period between July 1 and December 31 of each year, the seizing agency shall file the report by June 1 of the following calendar year. For the reporting period between January 1 and June 30, the seizing agency shall file the report by December 1 of that calendar year." CRS 16-13-701(7)(a)
If a report is not filed by the due date, following Notice of Failure to File by the Department of Local Affairs, the report is Late an agency shall pay a civil fine dependent on the report’s tardiness and possibly on the amount of proceeds reported received in the late report.
If a seizing agency fails to file a report required by subsection (7)(a) of this section within thirty days after the date the report is due, the executive director shall send notice of the failure to the seizing agency.
If the report:
- Is filed within forty-five days after the notice of failure is sent, the seizing agency shall pay a civil fine of five hundred dollars; or
- Is not filed within forty-five days after the notice of failure is sent, the seizing agency 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 seizing agency during the reporting period.
CRS 16-13-701(7)(c)
A Seizing Agency must complete a report even if it did not receive or expend any proceeds during a report period.
“(b) If a seizing agency has not received any forfeiture proceeds during a reporting period, it shall submit a report indicating that no forfeiture proceeds were received.” CRS 16-13-301(2.7)
“...If a seizing 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.” CRS 16-13-701(7)(a)
House Bill 17-1313 allows a Seizing Agency to not disclose required information if the agency determines certain information merits non-disclosure. The reporting form is required to indicate if an agency is not disclosing information.
. . . if the reporting of any information required 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 seizing 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 seizing agency to check if it is not disclosing information pursuant to this subsection (7)(b).
CRS 16-13-701(7)(b)
House Bill 17-1313 directs the Department of Local Affairs to make available the required information if known at the time of reporting.
“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:” CRS 16-13-701(5)
The name of the seizing agency and, if seized by a multijurisdictional task force, the name of the lead agency
CRS 16-13-701(5)(a)(I)
Only report “Lead Agency” if the Seizing Agency for a case was a multijurisdictional task force.
A Seizing Agency’s authorized agent must submit a biannual report by the due date using the online reporting form available on the Civil Asset Forfeiture Reporting web site.
A Seizing Agency’s authorized agent must use the online reporting form to create and account and request association with their agency. The chief administrator for a county or municipality may already have an account with DOLA and may be able to begin reporting. Agencies are responsible for coordinating their account holders and reporting. Please contact DOLA for assistance with this coordination.
No specific official is statutorily responsible for reporting. A Seizing Agency’s authorized agent should have access to all relevant forfeiture case and asset information, and forfeiture expenditure information. This person should also have the ability to determine and the authority to report what information is confidential and should not be reported.
Anything published on the internet can never fully be removed, but DOLA will help replace with a corrected report. Contact the Civil Asset Forfeiture Reporting Program Manager at 303-864-7720 for assistance.
DOLA reviews the timeliness of the agency’s report and summarizes statutorily defined aggregate data on the publicly available, online, searchable database. DOLA may research report contents and make recommendations in the Executive Director’s annual fiscal year report to the Governor, the Attorney General, and the Judiciary Committees of the Senate and the House of Representatives.
DOLA does not have statutory authority to review the accuracy or completeness of a report filed and published by the online form. Such reports are the responsibility of each reporting agency.