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New Jersey earns a D- for its civil forfeiture laws:

  • Low bar to forfeit and no conviction required
  • Poor protections for innocent third-party property owners
  • As much as 100% of forfeiture proceeds go to law enforcement

State Forfeiture Laws

New Jersey’s civil forfeiture laws are some of the worst in the country, earning a D-. In order to forfeit property, the government need only show by a preponderance of the evidence that the property was used in a crime. Innocent owners bear the burden of proving that they had nothing to do with the alleged criminal use of their property. Even worse, Garden State law enforcement enjoys a hefty financial incentive to seize: Local law enforcement agencies retain 100 percent of forfeiture proceeds. And when the state attorney general’s office brings a forfeiture case, it retains 95 percent of proceeds; the remaining five percent it deposits into the Hepatitis Inoculation Fund.

New Jersey agencies have no statutory requirement to track or report their forfeitures. However, it is the official policy of the Division of Criminal Justice that county district attorneys and local agencies report all forfeitures to the attorney general on a quarterly basis. The Institute for Justice submitted New Jersey Open Public Records Act requests to each of the state’s 21 counties and learned that New Jersey district attorneys forfeited roughly $72.6 million between calendar years 2009 and 2013, 79 percent of which came from cash forfeitures. These totals represent forfeitures conducted just at the county level, however—they do not reflect forfeitures conducted at the municipal or state level.

Show State Law Sources
Standard of proof

Preponderance of the evidence.

State v. Seven Thousand Dollars, 642 A.2d 967, 975 (N.J. 1994); State v. $2,293 in U.S. Currency, 95 A.3d 260, 266 (N.J. Super. Ct. App. Div. 2014).

Innocent owner burden

Owner.

N.J. Stat. Ann. § 2C:64-5(b); State v. Seven Thousand Dollars, 642 A.2d 967, 974 (N.J. 1994).

Profit incentive

100 percent when forfeiture is pursued by local law enforcement; 95 percent when forfeiture is pursued by the attorney general.

N.J. Stat. Ann. § 2C:64-6(a), (c).

Reporting requirements

None.

State Forfeiture Data

County District Attorney Forfeiture Proceeds

Year Currency Vehicles Real Property Other Total
2009 $17,356,606 $2,409,726 $3,395,000 $1,129,687 $24,291,019
2010 $11,748,931 $2,468,033 $236,500 $702,251 $15,155,716
2011 $9,631,874 $1,486,604 $0 $101,018 $11,219,495
2012 $8,504,849 $1,640,893 $0 $126,628 $10,272,370
2013 $10,181,872 $1,145,853 $0 $293,117 $11,620,842
Total $57,424,132 $9,151,109 $3,631,500 $2,352,702 $72,559,443
Average per year $11,484,826 $1,830,222 $726,300 $470,540 $14,511,889

Source: Reports of forfeitures supplied by county district attorneys in response to requests made under the New Jersey Open Public Records Act. These data are presented in calendar-year format and do not include the proceeds from several vehicles that were retained for official use and for which no value was given. The Institute for Justice also requested forfeiture reports from the Office of the Attorney General, which provided an incomplete set of reports. Requests for missing reports went unanswered. The Division of Criminal Justice also requires municipalities to report their forfeitures, but IJ did not request reports from each of these agencies.

New Jersey ranks 36th for federal forfeiture, with over $70 million in Department of Justice equitable sharing proceeds from 2000 to 2013.

Federal Equitable Sharing

Ranking 36th in the nation on equitable sharing, New Jersey law enforcement agencies made more use of the Department of Justice’s equitable sharing program than did agencies in most other states. Between 2000 and 2013, agencies received $70.6 million in DOJ equitable sharing proceeds, averaging more than $5 million per calendar year. Almost all assets seized and proceeds received—97 percent in both cases—came from joint task forces and investigations, activity largely unaffected by the DOJ’s 2015 policy change. New Jersey law enforcement agencies also received over $38 million in equitable sharing proceeds from the Treasury Department, averaging more than $2.7 million per fiscal year.

View Local Law Enforcement Data
YearDOJ
(calendar years)
Treasury
(fiscal years)
2000 $3,626,894 $0
2001 $2,029,842 $1,830,000
2002 $1,353,809 $172,000
2003 $1,939,229 $2,161,000
2004 $2,596,303 $2,615,000
2005 $4,502,998 $3,021,000
2006 $4,644,547 $2,453,000
2007 $3,622,276 $997,000
2008 $7,532,310 $2,371,000
2009 $6,770,763 $1,822,000
2010 $8,035,130 $7,893,000
2011 $6,439,456 $5,924,000
2012 $9,083,767 $3,843,000
2013 $8,457,766 $3,187,000
Total $70,635,090 $38,289,000
Average Per Year $5,045,364 $2,734,929

DOJ Equitable Sharing,
Adoptive vs. Joint, 2000-2013

Adoptions
Joint Task Forces and Investigations
Seizures
Proceeds

DOJ Equitable Sharing Proceeds, 2000-2013

Sources: Institute for Justice analysis of DOJ forfeiture data obtained by FOIA; Treasury Forfeiture Fund Accountability Reports. Data include civil and criminal forfeitures. Because DOJ figures represent calendar years and Treasury figures cover fiscal years, they cannot be added.

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