Somewhat higher bar to forfeit: Prosecutors must provide clear and convincing evidence that property is connected to a crime.
Stronger protections for the innocent: The government must prove third-party owners knew about criminal activity connected to their property.
Large profit incentive: 75% of forfeiture proceeds go to law enforcement (50% to law enforcement directly and 25% to a law enforcement community services fund that funnels proceeds back to law enforcement; the remaining 25% goes to drug rehabilitation programs).
Between 2000 and 2018, Colorado law enforcement agencies forfeited more than $15 million under state law. Between 2000 and 2019, they generated an additional $81 million from federal equitable sharing, for a total of at least $96 million in forfeiture revenue. Colorado ranks 39th for its participation in the Department of Justice’s equitable sharing program. However, in 2017, the state prohibited agencies from receiving federal proceeds from property worth less than $50,000.
At least $96.5 million in forfeiture revenue
2000–2019
Year | Colorado Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total | |
---|---|---|---|---|---|
2000 | $623,651 | $639,942 | $17,000 | $1,280,593 | |
2001 | $2,210,838 | $5,013,103 | $69,000 | $7,292,941 | |
2002 | $1,454,868 | $1,348,887 | $48,000 | $2,851,755 | |
2003 | $1,193,625 | $1,288,769 | $111,000 | $2,593,394 | |
2004 | $249,179 | $1,712,673 | $28,000 | $1,989,852 | |
2005 | $609,354 | $2,944,760 | $215,000 | $3,769,114 | |
2006 | $1,106,608 | $5,159,744 | $83,000 | $6,349,352 | |
2007 | $783,888 | $4,799,505 | $336,000 | $5,919,393 | |
2008 | $761,082 | $4,211,955 | $22,000 | $4,995,037 | |
2009 | $1,553,586 | $4,494,751 | $496,000 | $6,544,337 | |
2010 | $351,442 | $3,808,573 | $330,000 | $4,490,015 | |
2011 | $739,151 | $3,220,174 | $261,000 | $4,220,325 | |
2012 | $533,111 | $5,773,624 | $643,000 | $6,949,735 | |
2013 | $628,239 | $3,817,589 | $1,885,000 | $6,330,828 | |
2014 | $491,773 | $3,974,765 | $228,000 | $4,694,538 | |
2015 | $390,766 | $5,066,151 | $1,746,000 | $7,202,917 | |
2016 | $577,292 | $3,110,770 | $303,000 | $3,991,062 | |
2017 | $798,118 | $7,018,719 | $316,000 | $8,132,837 | |
2018 | $343,450 | $4,402,065 | $877,000 | $5,622,515 | |
2019 | Unavailable | $1,287,556 | $40,000 | $1,327,556 | |
Totals | $15,400,021 | $73,094,075 | $8,054,000 | $96,548,096 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation. State reporting requirements changed in 2017.
From 2017 to 2018, half of Colorado’s currency forfeitures were worth less than $799.
From 2017 to 2018, 60% of Colorado’s forfeitures were of currency.
Colorado does not report whether forfeitures are processed under civil or criminal forfeiture law.
From 2017 to 2018, Colorado law enforcement spent $6 million from forfeiture funds—nearly half on equipment and capital expenditures.
Forfeiture proceeds for 2000 through 2016 were obtained via public records requests to the Colorado Department of Local Affairs. Property-level proceeds and expenditure data for 2017 through 2018 are from DOLA’s website. All figures are in calendar years. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, state figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data.
Standard of proof: Clear and convincing evidence.
Colo. Rev. Stat. §§ 16-13-307(1.7)(c) (public nuisance), -505(1.7)(c) (contraband), -509 (currency), 18-17-106(11) (racketeering).
Innocent owner burden: Government.
Colo. Rev. Stat. §§ 16-13-303(5.1)(a), (5.2)(c), 16-13-504(2.1)(a), (2.2)(c).
Financial incentive: 75% (50% to law enforcement, 25% to a grant fund that distributes money to law enforcement). The remaining 25% goes to drug rehabilitation programs.
Colo. Rev. Stat. §§ 16-13-311(3)(a)(VII), -506(1), 18-17-106(2)(d).
Note: This restriction does not apply to funds received through federal equitable sharing, which is available only in cases where more than $50,000 is seized.
Colo. Rev. Stat. §§ 16-13-306.5, -504.5, -601.