Alaska earns a D+ for its civil forfeiture laws

Standard of Proof

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.

Innocent Owner Burden

Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.

Financial Incentive

Large profit incentive: In general, up to 75% of forfeiture proceeds go to law enforcement; 100% in cases of nonmonetary property worth $5,000 or less.

  • 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
Download PDF View Report

What happens after personal property is seized in Alaska?* 

Under Alaska law, the government’s and owners’ deadlines leading to a judicial hearing add up to 50 days, but the wait may be longer as there is no deadline for the hearing itself. While you wait, the government has your property, but you can try to get it back while the case continues by petitioning the court. 

State and Federal Forfeiture Proceeds, 2000–2023

At least $21 million in state and federal forfeiture revenue

Year Alaska Forfeiture Revenues Dept. of Justice Equitable Sharing Proceeds Treasury Equitable Sharing Proceeds Total
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
2020 Unknown $459,012 $2,000 $461,012
2021 Unknown $280,682 $0 $280,682
2022 Unknown $52,533 $0 $52,533
2023 Unknown $845,653 $0 $845,653
Totals Unknown $17,245,679 $3,869,000 $21,114,679

Federal Equitable Sharing

Alaska does not prevent state and local law enforcement agencies from using the federal equitable sharing program to circumvent state forfeiture law. Since 2000, Alaska agencies have generated more than $21 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, more than 20 Alaska agencies, or an estimated 45% of all law enforcement agencies in the state, were certified for the program.

Forfeitures Under Alaska Law: Key Facts

Median Value

UNKNOWN

Alaska does not report property-level data necessary to calculate median forfeiture value.

Property Types

UNKNOWN

Alaska does not report the types of property forfeited.

Proceeding Types

UNKNOWN

Alaska does not report whether forfeitures are processed under civil or criminal forfeiture law.

Additional Findings

UNKNOWN

Agencies are not required to report on their forfeitures, resulting in zero transparency into forfeiture activity in the state.

Forfeiture Transparency and Accountability Report Card

Tracking Seized Property
F
Statewide Forfeiture Reports
F
Penalties for Failure to File a Report
Incomplete
Accounting for Forfeiture Fund Spending
F
Accessibility of Forfeiture Records
F
Financial Audits of Forfeiture Accounts
F
Data Notes

No statewide records are available. Agencies are not required to report forfeiture activity. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. The number of certified agencies was computed using the approved Equitable Sharing Agreement and Certification requests submitted by police, sheriff, and other local law enforcement agencies. The percentage of certified agencies was computed using that number and the total number of agencies reported in the 2018 Census of State and Local Law Enforcement Agencies.

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, 290–91 (Alaska 1985); see also Alaska Stat. § 17.30.110(4)(A)–(B) (placing burden on owner with respect to any conveyance).

Financial incentive: Up to 75% in general; 100% if the property is worth $5,000 or less and something other than money.

Alaska Stat. § 17.30.112(c); see also id. § 17.30.122.

Process: Alaska Stat. §§ 17.30.100 et seq. (forfeiture procedure).