Kentucky

Kentucky earns a D- for its civil forfeiture laws

State Forfeiture Laws

Kentucky’s civil forfeiture laws are in dire need of reform, earning a D-. While the government must show clear and convincing evidence to forfeit real property, such as a family home or tract of land, it need only demonstrate “slight evidence of traceability” to a crime—a standard akin to probable cause—to forfeit all other types of property. Owners can challenge this finding, but they must provide clear and convincing evidence of the property’s innocence. And innocent owners bear the burden of proving that they were not involved in any criminal activity in order to recoup their property. However, in innocent owner claims involving real property, the onus shifts to the government. Finally, Kentucky law enforcement agencies enjoy virtually unbridled access to forfeiture funds—they receive 100 percent of the proceeds from forfeiture.

Law enforcement agencies must report to the state a detailed listing of all property seized and forfeited under controlled substances laws. The Office of Drug Control Policy compiles this data at the state level; however, of the more than 400 agencies with the authority to forfeit property, only 14 percent reported forfeitures. The Institute for Justice obtained these data with a Kentucky Open Records Act request. Between fiscal years 2007 and 2014, reporting law enforcement agencies forfeited more than $15 million worth of cash, cars, weapons and real property, but these figures likely severely undercount the true amount forfeited.

State Law Sources

Standard of proof	Government must show clear and convincing evidence to forfeit real property but need only show “slight evidence of traceability” to a crime for other property, at which point the owner must show the property’s innocence by clear and convincing evidence. Ky. Rev. Stat. Ann. § 218A.410(1)(j); Robbins v. Commonwealth, 336 S.W.3d 60, 64–65 (Ky. 2011).
Innocent owner burden	Owner, except in the case of real property. Ky. Rev. Stat. Ann. § 218A.410(1)(j); Robbins v. Commonwealth, 336 S.W.3d 60, 64–65 (Ky. 2011).
Profit incentive	100 percent. Ky. Rev. Stat. Ann. § 218A.420(4).
Reporting requirements	Seizing agencies must report their forfeitures to the Office of the State Auditor and to the secretary of the Justice and Public Safety Cabinet. Ky. Rev. Stat. Ann. § 218A.440.

Kentucky ranks 33rd for federal forfeiture, with over $66 million in Department of Justice equitable sharing proceeds from 2000 to 2013.

State Forfeiture Data

Year	Currency	Vehicles	Weapons	Real Property	Total
2007	$926,627	$53,362	$0	$0	$979,989
2008	$678,796	$112,520	$14,270	$325	$805,910
2009	$1,650,632	$249,154	$196,445	$20,372	$2,116,603
2010	$1,386,464	$171,693	$150,861	$141,869	$1,850,887
2011	$1,690,994	$193,434	$129,064	$26,308	$2,039,801
2012	$1,715,091	$163,823	$138,618	$21,385	$2,038,918
2013	$1,925,161	$146,696	$172,739	$25,707	$2,270,303
2014	$2,725,297	$268,054	$184,140	$39,607	$3,217,098
Total	$12,699,062	$1,358,735	$986,138	$275,574	$15,319,509
Average per year	$1,587,383	$169,842	$123,267	$34,447	$1,914,939

Federal Equitable Sharing

Kentucky law enforcement agencies received over $66 million in Department of Justice equitable sharing proceeds between the 2000 and 2013 calendar years, earning their state a 33^rd-place ranking. The lion’s share—83 percent—of these proceeds came from joint task forces and investigations, the equitable sharing procedures largely unaffected by the DOJ’s 2015 policy change. Kentucky law enforcement also gained $6.8 million in equitable sharing proceeds from the Treasury Department.raging almost $325,000 a year.

Year	DOJ (calendar years)	Treasury (fiscal years)
2000	$3,186,484	$431,000
2001	$4,491,608	$94,000
2002	$1,438,037	$355,000
2003	$2,588,263	$156,000
2004	$3,290,088	$211,000
2005	$4,148,799	$1,460,000
2006	$7,103,210	$254,000
2007	$5,432,780	$311,000
2008	$5,449,909	$783,000
2009	$4,125,411	$697,000
2010	$4,641,615	$460,000
2011	$8,454,461	$439,000
2012	$4,878,114	$846,000
2013	$7,021,809	$308,000
Total	$66,250,589	$6,805,000
Average Per Year	$4,732,185	$486,071