§ 16-13-501.5 — Legislative declaration

Colorado § 16-13-501.5

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Special Proceedings

Text

(1) It is the intent of the general
assembly that proceedings under this part 5 be remedial in nature and designed to
benefit the public good by appropriating contraband property for use by law
enforcement.

(2) It is also the policy of the general assembly that asset forfeiture pursuant
to this part 5 shall be carried out pursuant to the following:

(a) Generation of revenue shall not be the primary purpose of asset
forfeiture.

(b) No prosecutor's or law enforcement officer's employment or level of
salary shall depend upon the frequency of seizures or forfeitures which such person
achieves.

(c) Each seizing agency shall have policies and procedures for the
expeditious release of seized property which is not subject to forfeiture pursuant to
this part 5, when such release is appropriate.

(d) Each seizing agency retaining forfeited property for official law
enforcement use shall ensure that the property is subject to controls consistent
with controls which are applicable to property acquired through the normal
appropriations process.

(e) Each seizing agency which receives forfeiture proceeds shall conform
with reporting, audit, and disposition procedures enumerated in this article.

(f) Each seizing agency shall prohibit its employees from purchasing
forfeited property.

Legislative History

Source: L. 87: Entire section added, p. 639, � 14, effective July 1. L. 93: Entire section amended, p. 626, � 1, effective July 1.