Civil asset forfeiture is a useful tool, but it needs reform.
That sentiment is unanimous among Republican candidates for governor of Alabama.
Civil asset forfeiture is the legal process by which law enforcement seizes the property of those it assumes to be involved in criminal activities. The seizures are allowed by law to occur even without criminal convictions, creating scenarios in which individuals suspected but not convicted of crimes may lose their property and never get it back.
Responding to questionnaires sent by the Alabama Policy Institute and Yellowhammer News to all candidates, the candidates spoke in favor of asset forfeiture as a way of combating illicit behavior, with a caveat that the practice has been abused and needs some reform.
The question was: Do you support the use of civil asset forfeiture by law enforcement and the provision that allows agencies to keep the proceeds of seized property?
“People who commit crimes should not benefit from ill-gotten gains; those funds should go to the use of public safety,” said Huntsville Mayor Tommy Battle.
“However, the abuse of this system must stop,” Battle continued. “We can find middle ground by freezing the assets of those accused of a crime and if they are found ‘not guilty’ their assets should be returned. However, if those accused are convicted then their assets should be forfeited to law enforcement.”
State Sen. Bill Hightower showed favor for the practice and defended it as “not an un-checked process.”
“For instance, the DA must approve such actions by law enforcement and there are reasonable tests in place to determine this,” Hightower said.
Still, Hightower said he would support measures that would require law enforcement to report their seizures and improve transparency, adding he is “not yet ready to eliminate law enforcement’s ability to use this as a tool in their arsenal against crime.”
Gov. Kay Ivey and Scott Dawson also spoke in favor of protecting individual rights, while supporting a reformed process that in Ivey’s words, “… balances individuals’ protection of personal property and the flexibility necessary for law enforcement to hold criminals accountable.”
“I support reform to protect personal property and due process rights of all Alabamians,” Ivey said. “This year, the state legislature took an important step by starting the conversation. It is my hope that we can build upon the foundation that was laid and implement real reform…”
Dawson looks to other states as examples of reform.
“I believe that basic transparency and accountability are prerequisites to considering additional reforms and I’d like to see Alabama following the lead of 37 other states to enact stricter reporting requirements,” Dawson said, “answering questions like: How were the assets seized? What was the assumed violation or crime? Was there a later conviction in the case? How were the assets used by the agency? This data should be published in a timely manner for optimum transparency and accountability.”
During this year’s legislative session, Rep. Arnold Mooney (R-Birmingham) sponsored the Forfeiture Database and Reporting Act, which would have created a central repository of data on asset forfeitures, but the bill did not pass.
@jeremywbeaman is a contributing writer for Yellowhammer News
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