Low bar to forfeit: Prosecutors must prove by preponderance of the evidence that property is connected to a crime.
Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.
Large profit incentive: 100% of forfeiture proceeds go to the attorney general’s drug control fund, from which they are distributed to police for drug enforcement efforts.
Between 2001 and 2018, South Dakota law enforcement agencies forfeited nearly $21 million under state law. Between 2000 and 2019, they generated an additional $1 million from federal equitable sharing, for a total of at least $22 million in forfeiture revenue. South Dakota ranks 1st 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 $22 million in state and federal forfeiture revenue
2000–2019
Year | South Dakota Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total | |
---|---|---|---|---|---|
2000 | Unknown | $9,583 | $0 | $9,583 | |
2001 | $411,831 | $105,550 | $0 | $517,381 | |
2002 | $687,090 | $53,130 | $0 | $740,220 | |
2003 | $1,749,130 | $122,365 | $0 | $1,871,495 | |
2004 | $1,130,057 | $22,928 | $1,000 | $1,153,985 | |
2005 | $1,286,150 | $48,750 | $1,000 | $1,335,900 | |
2006 | $1,807,310 | $36,143 | $0 | $1,843,453 | |
2007 | $1,219,901 | $42,765 | $0 | $1,262,666 | |
2008 | $620,295 | $6,784 | $0 | $627,079 | |
2009 | $480,315 | $197,094 | $0 | $677,409 | |
2010 | $535,239 | $54,005 | $0 | $589,244 | |
2011 | $572,571 | $199,087 | $0 | $771,658 | |
2012 | $2,241,744 | $104,692 | $0 | $2,346,436 | |
2013 | $989,087 | $16,036 | $12,000 | $1,017,123 | |
2014 | $1,689,102 | $561 | $42,000 | $1,731,663 | |
2015 | $1,242,271 | $166,977 | $229,000 | $1,638,248 | |
2016 | $1,300,954 | Unavailable | $80,000 | $1,380,954 | |
2017 | $1,218,987 | $10,077 | $60,000 | $1,289,064 | |
2018 | $1,588,466 | Unavailable | $14,000 | $1,602,466 | |
2019 | Unavailable | $2,423 | $49,000 | $51,423 | |
Totals | $20,770,500 | $1,198,950 | $488,000 | $22,457,450 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
From 2015 to 2018, half of South Dakota’s currency forfeitures were worth less than $1,500.
From 2001 to 2018, over half of South Dakota’s forfeitures were of currency.
South Dakota does not report whether forfeitures are processed under civil or criminal forfeiture law.
From 2015 to 2018, the South Dakota Attorney General spent nearly $7 million from forfeiture funds—26% on personnel.
Property-level reports were obtained via public records request to the South Dakota Attorney General. Figures are in calendar years. Starting in July 2016, the AG ceased reporting forfeited property other than currency and vehicles. Fiscal year expenditures are from the AG’s website and represent the AG’s spending from the state’s Drug Control Fund. Other expenditures represented grants from the fund to other law enforcement. 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: Preponderance of the evidence.
S.D. Codified Laws § 23A-49-13.
Innocent owner burden: Owner.
S.D. Codified Laws §§ 23A-49-4, -19.
Financial incentive: 100%. Forfeiture proceeds go to the attorney general’s “drug control fund” and are then distributed to law enforcement for drug enforcement efforts.
S.D. Codified Laws §§ 34-20B-64, 23A-49-20(2)(a).