Course Description

The Department of Criminal Justice Services will be sponsoring Asset Forfeiture trainings throughout the State in the months of March and April, 2012. This training will consist of basics in the processes of asset seizure and forfeiture for the State of Virginia. Topics to be covered include: goals and objectives of asset forfeiture, history of asset forfeiture in Virginia, the local law enforcement's responsibilities in the seizure of property to the final disposition and the local prosecutor's involvement in the forfeiture process. Regulations covering the submission of forms and paperwork to DCJS as well as the local prosecutor will be covered. The receipt of forfeiture funds and the permissible uses of forfeiture funds will also be discussed.

Course Outline

1. Introduction
2. History of Drug Asset Seizure and Forfeiture
   1. Approved November 1990, effective July 1991
   2. Code of Virginia: 19.2-386.22; 19.2-386.1-386.14
   3. Goals and Objectives of Asset Forfeiture
3. Seizure and Notice of Seizure
   1. Types of Seizures- currency, vehicles, real property
   2. Evidence Collection and information sources
   3. Seizure Warrants
   4. Deposits of seized funds and issues surrounding deposits
   5. Notice of Seizure process
4. Information Filing and the Court Process
   1. Notice of Information process, timeframe for filing
   2. Court date set
      1. Default
      2. Trial
   3. Out of State Service
   4. Adjudication
5. Proceeds Distribution-- Notify DCJS
   1. Submission of Form 999 & Supplement
   2. Court order
   3. Check for disbursal
   4. Request for property to be returned In-Kind (if applicable)
   5. Regulations for monetary submission requirement
   6. Sharing Agreements and process for disputed distributions
   7. Non drug related forfeitures and how to process
6. Annual Agreement and Certification
   1. Submission of Certification report and regulations for submission
   2. Required in order to receive funds
   3. DCJS Audits
7. Uses of Forfeited Money
   1. Virginia abides by the Federal Guidelines
      1. Permissible uses:
         1. Salaries (restricted uses), overtime, contractual payments
         2. Payments for informants
         3. Travel & Training
         4. Communications & Computers
         5. Firearms & Weapons
         6. Body armor & Protective Gear
         7. Electronic Surveillance Equipment
         8. Building & Improvements
         9. Drug Awareness Programs
      2. Impermissible Uses:
         1. Payments to non law enforcement personnel
         2. Payments for non law enforcement expenditures
   2. If you're not sure, ASK
8. Helpful Forms
   1. Disclaimer of ownership
   2. Vehicle release agreement
   3. Stipulation and Agreement
   4. DCJS Seizure Checklist
   5. DMV forms required for titles

Registration

DCJS is not currently accepting applications for this course.

Contact Information

Debbie Turck
FASP Program Trainer
804.225.2782