Section 1221.10  Definitions

 

Terms used in this Part shall have the meanings set forth in the Seizure and Forfeiture Reporting Act and in this Section.

 

"Act" means the Seizure and Forfeiture Reporting Act.

 

"Department" means the Illinois State Police.

 

"Participating Agency" means a unit of local government, including but not limited to law enforcement agencies, a drug task force, or a Metropolitan Enforcement Group (MEG), that participated in or received funds from the forfeiture or seizure process.

 

Section 1221.20  Scope

 

This Part is applicable to seized or forfeited property as set forth in Section 5 of the Act. 

 

Section 1221.30  Purpose

 

The purpose of this Part is to provide notice of the requirements and procedures for Illinois law enforcement agencies to report seizures, forfeitures, disbursements and expenditures to the Department pursuant to the Act. 

 

Section 1221.40  Duties

 

a)         Department.

 

1)         The Department shall establish and maintain on its official website at https://isp.illinois.gov/Finance/AssetSeizure:

 

A)        All necessary forms for initial seizure and annual reporting, which require the journaling of information pertaining to seized assets, awarded assets, and expenditures, as outlined in subsection (a)(2) below; and

 

B)        A public database that includes annual aggregate data for each participating agency that:

 

i)          reports seizures of property under Section 10(a) of the Act;

 

ii)         receives distributions of forfeiture proceeds subject to reporting under the Act; or

 

iii)        reports expenditures under Section 10(b) of the Act.  (Section 10(c) of the Act)

 

2)         This aggregate data reported on the Department's website shall include, for each participating agency:

 

A)        The total number of asset seizures reported by each participating agency during the calendar year;

 

B)        The monetary value of all currency or its equivalent seized by the participating agency during the calendar year;

 

C)        The number of conveyances seized by the participating agency during the calendar year, and the aggregate estimated value;

 

D)        The aggregate estimated value of all other property seized by the participating agency during the calendar year;

 

E)        The monetary value of distributions by the Department of State Police of forfeited currency or auction proceeds from forfeited property to the participating agency during the calendar year; and

 

F)         The total amount of the participating agency's expenditures of forfeiture proceeds during the calendar year, categorized as provided under Section 10(b) of the Act.  (Section 10(c) of the Act)

 

b)         Law Enforcement. Each participating agency that seizes property subject to reporting under the Act shall report to the Department utilizing the forms referenced in subsection (a) consistent with the rules established in this Part.

 

Section 1221.100  Initial Seizure

 

a)         Each participating agency shall report the following information about property seized or forfeited under State law to the Department:

 

1)         The name of the participating agency that seized the property;

 

2)         The date of the seizure;

 

3)         The type of property seized, including a building, vehicle, boat, cash, negotiable security, or firearm, except reporting is not required for seizures of contraband including alcohol, gambling devices, drug paraphernalia, and controlled substances;

 

4)         A description of the property seized, and if the property is a conveyance, the description shall include the make, model, year, and vehicle identification number or serial number;

 

5)         The estimated value of the property; and

 

6)         The location where the seizure occurred.  (Section 10(a) of the Act)

 

b)         The Department shall make ISP form 4-064, Notice/Inventory Seized Property form available to participating agencies through its asset forfeiture reporting system on its official website at https://ilspafjweb.isp.illinois.gov/spafjweb for reporting the required information.  The form must be filed:

 

1)         within 28 days after the seizure when it is related to drug and Article 36 cases filed pursuant to Article 36 of the Illinois Criminal Code of 2012 [720 ILCS 5/36-1]; and

 

2)         within 60 days after the seizure when it is related to money laundering cases.

 

Section 1221.110  Annual Report

 

a)         Annual reports are required of all participating agencies that:

 

1)         seize property subject to reporting under the Act; or

 

2)         receive proceeds from forfeitures subject to reporting under the Act (Section 10(b) of the Act); or

 

3)         have forfeited property awarded by the Director to their agency for official use under the Act.

 

b)         Annual reports shall be filed with the Department no later than 60 days after December 31 of that year, through its asset forfeiture reporting system on its official website at https://ilspafjweb.isp.illinois.gov/spafjweb.

 

c)         ISP Form 2-691, Asset Forfeiture Annual Report form, which the Department shall make available on its official website at: https://forms.office.com/g/7KCzMCWhpD.

 

Section 1221.200  Compliance Checks

 

a)         Pursuant to Section 10(e) of the Act, the Department may check any participating agency's records or materials to ensure compliance with the Act and this part.

 

b)         Participating agencies shall retain all records regarding seizures and forfeitures under the Act for a period of at least 7 years. 

 

c)         All participating agencies shall fully and timely cooperate with the Department during any requested compliance check, including making available personnel to interview and making records or property available upon request.

 

d)         The proceeds from the sale of any asset purchased with asset forfeiture funds shall be spent with the same restrictions and reporting obligations as provided in the Act and this Part.

 

e)         Participating agencies shall make available to the Department upon request: 

 

1)         records related to all forfeited funds or property, including but not limited to all financial accounts and evidence storage locations; or

 

2)         the actual property awarded.

 

Section 1221.210  Noncompliance

 

a)         The Department's Asset Forfeiture Section will perform compliance checks on up to 5% of all participating agencies each year.

 

b)         If the Department's Asset Forfeiture Section deems a participating agency to be non-compliant with subsection (c) based upon a compliance check, the Director may:

 

1)         Order property that was previously awarded under this Act to be returned to the Director; or

 

2)         Sanction the non-compliant participating agency with a goal of remedying any non-compliant activity. 

 

A)        Sanctions may include but are not limited to:

 

i)          remedial education;

 

ii)         additional training;

 

iii)        additional mandatory reporting requirements;

 

iv)        delay in distribution of forfeited property pending compliance;

 

v)         extinguishing the participating agency shares of un-distributed or seized but not yet forfeited property;

 

vi)        suspension from the program; and

 

vii)       removal from the program. 

 

B)        Non-compliant agencies removed from the program may be ordered to:

 

i)          return all awarded property, any property purchased with forfeited funds, and any forfeited funds held by the participating agency as of the date of the removal from the program; and

 

ii)         terminate any contracts involving the use of forfeited funds or cease using such funds for future payments under the contract if not terminated.

 

c)         Non-compliance may include but not be limited to any of the following:

 

1)         violating the Act or this Part;

 

2)         disobeying or disregarding an order or directive of the Director regarding the program;

 

3)         use of forfeited funds or property inconsistent with:

 

A)        the Act, which allows for funds to be used for:

 

i)          crime, gang, or abuse prevention or intervention programs;

 

ii)         compensation or services for crime victims;

 

iii)        witness protection, informant fees, and controlled purchases of contraband;

 

iv)        salaries, overtime, and benefits, as permitted by law;

 

v)         operating expenses, including but not limited to, capital expenditures for vehicles, firearms, equipment, computers, furniture, office supplies, postage, printing, membership fees paid to trade associations, and fees for professional services including auditing, court reporting, expert witnesses, and attorneys;

 

vi)        travel, meals, entertainment, conferences, training, and continuing education seminars; and

 

vii)       other expenditures of forfeiture proceeds.

 

B)        Article 36 of the Criminal Code of 2012 [720 ILCS 5/36-1], the Illinois Streetgang Terrorism Omnibus Prevention Act [740 ILCS 147/1], the Drug Asset Forfeiture Procedure Act [725 ILCS 150/1], the Illinois Food, Drug and Cosmetic Act [410 ILCS 620/3.23], the Narcotics Profit Forfeiture Act [725 ILCS 175U/1], the Cannabis Control Act [720 ILCS 550/1], and the Illinois Controlled Substances Act [720 ILCS 570/100], which allow for funds to be used for:

 

i)          the enforcement of laws governing cannabis and controlled substances;

 

ii)         public education in the commuity or schools in the prevention or detection of the abuse of drugs or alcohol; or

 

iii)        security cameras used for the prevention or detection of violence;

 

C)        the money laundering [720 ILCS 5/29], the financial institution fraud [720 ILCS 5/17-10.6], the street gang and racketeer influence and corruption [720 ILCS 5/33G-6] provisions of the Illinois Criminal Code of 2012, which allow for funds to be used for the enforcement of these laws;

 

D)        the Environmental Protection Act [415 ILCS 5/44.1], which allows for funds to be used for the enforcement of the environmental protection laws of this State;

 

E)        the Herptiles-Herps Act [510 ILCS 68/105-55], the Fish and Aquatic Life Code [515 ILCS 5/1-215], and the Wildlife Code [520 ILCS 5/1.25], which allow for funds to be deposited in the Wildlife Preservation Fund; or

 

F)         the gambling and related offenses [720 ILCS 5/28-5] provisions of the Illinois Criminal Code of 2012, which allow for funds to be deposited in the general fund of the county wherein such seizure occurred;

 

4)         failure to timely submit to the annual reporting requirement;

 

5)         negative audit or compliance check findings; or

 

6)         failure to cooperate with an audit or compliance check.

 

d)         Participating agencies may appeal a finding of noncompliance by submitting documentation to the Department's Asset Forfeiture Section for further review by the Director or the Director's designee.

 

1)         Within 30 days of receiving notice from the Department of non-compliance, the participating agency shall provide written responses to the findings.  The audited entity's response options are:

 

A)        "Concur" – the participating agency agrees with the finding.

 

B)        "Do not concur" – the participating agency does not agree with the finding.

 

2)         The response will also include a corrective action plan and an estimated completion date of the corrective action.

 

A)        If corrective action is impeded by fiscal or staffing issues outside of participating agency's control, the use of compensating controls should be considered until appropriate resources are allocated.

 

B)        If a conference is requested, Asset Forfeiture staff will meet with the appropriate management/command to discuss the findings.

 

C)        Once Asset Forfeiture staff and the participating agency agree on the findings, the participating agency will then provide a written response for each finding.

 

3)         All written communication shall be sent to:

 

Illinois State Police

Asset Forfeiture Section

801 South Seventh Street, Suite 700-A

Springfield, Illinois  62703