Alaska
Alaska earns a D+ for its civil forfeiture laws.
Low bar to forfeit: Once the government seizes property, the owner must prove by preponderance of the evidence that it is not connected to a crime.
Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.
Large profit incentive: In general, up to 75% of forfeiture proceeds go to law enforcement; 100% in cases of non-monetary property worth $5,000 or less.
The letter grade reflects the state's forfeiture laws as of December 2020. When we become aware of relevant reforms, we are updating the standard of proof, innocent owner burden and financial incentive language above, but we are not updating the letter grade.
Recent Reforms
- None.
Recommendations
- End civil forfeiture
- Direct all forfeiture proceeds to a non-law enforcement fund
- Strengthen protections for innocent third-party owners
- Close the equitable sharing loophole
- Adopt strong transparency and accountability requirements
State and Federal Forfeiture Revenues, 2000-2019
Between 2000 and 2019, Alaska law enforcement agencies generated more than $19 million in forfeiture revenue from federal equitable sharing. Alaska ranks 15th for its participation in the Department of Justice’s equitable sharing program. The state does not prevent state and local agencies from using equitable sharing to circumvent state forfeiture law.
At least $19 million in federal forfeiture revenue
2000–2019
| Year | Alaska Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total Equitable Sharing Proceeds |
$0 ↦
$3,033,063
|
|---|---|---|---|---|---|
| 2000 | Unknown | $497,162 | $26,000 | $523,162 | |
| 2001 | Unknown | $291,732 | $0 | $291,732 | |
| 2002 | Unknown | $656,799 | $3,000 | $659,799 | |
| 2003 | Unknown | $781,954 | $51,000 | $832,954 | |
| 2004 | Unknown | $419,726 | $0 | $419,726 | |
| 2005 | Unknown | $704,298 | $5,000 | $709,298 | |
| 2006 | Unknown | $1,096,715 | $136,000 | $1,232,715 | |
| 2007 | Unknown | $2,238,822 | $401,000 | $2,639,822 | |
| 2008 | Unknown | $562,221 | $27,000 | $589,221 | |
| 2009 | Unknown | $1,011,057 | $180,000 | $1,191,057 | |
| 2010 | Unknown | $920,725 | $0 | $920,725 | |
| 2011 | Unknown | $842,849 | $4,000 | $846,849 | |
| 2012 | Unknown | $1,359,455 | $141,000 | $1,500,455 | |
| 2013 | Unknown | $461,063 | $2,572,000 | $3,033,063 | |
| 2014 | Unknown | $775,878 | $186,000 | $961,878 | |
| 2015 | Unknown | $853,645 | $0 | $853,645 | |
| 2016 | Unknown | $577,225 | $0 | $577,225 | |
| 2017 | Unknown | $233,542 | $6,000 | $239,542 | |
| 2018 | Unknown | $325,080 | $37,000 | $362,080 | |
| 2019 | Unknown | $997,851 | $92,000 | $1,089,851 | |
| Totals | $0 | $15,607,799 | $3,867,000 | $19,474,799 |
State
Department of Justice
Treasury
|
Forfeitures Under Alaska Law: Key Facts
Median Value
UnknownAlaska does not report property-level data necessary to calculate median forfeiture value.
Property Types
UnknownAlaska does not report the types of property forfeited.
Civil vs. Criminal
UNKNOWNAlaska does not report whether forfeitures are processed under civil or criminal forfeiture law.
Expenditures
UNKNOWNAlaska does not report how forfeiture funds are spent.
Data Notes
No statewide records available. Agencies are not required to report forfeiture activity. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports.
Legal Sources
Standard of proof: The government must show probable cause for the seizure, and the owner must show that the property is not forfeitable by a preponderance of the evidence.
Resek v. State, 706 P.2d 288, 290–91 (Alaska 1985); see also Alaska Stat. §§ 17.30.110, .114(a).
Innocent owner burden: Owner.
Resek v. State, 706 P.2d 288, 291 (Alaska 1985); see also Alaska Stat. § 17.30.110(4) (A)–(B) (placing burden on owner with respect to any conveyance).
Financial incentive: 100% if the property is worth $5,000 or less and something other than money; up to 75% in all other cases.
Alaska Stat. § 17.30.112(c); see also id. § 17.30.122.