Del. Code tit. 16 § 4788

Current through 2024 Legislative Session Act Chapter 531
Section 4788 - [Effective 1/1/2025] Public reporting
(a) The Department of Justice shall compile and publish on its website an annual report that includes all of the following information:
(1) The number of seizures made pursuant to this subchapter or any other provision of Delaware law and whether the property seized was currency, a conveyance, real estate, or other property.
(2) The amount of currency seized in each instance, or where the property seized is non-monetary, an estimated value of the seized property.
(3) The lead charge in the criminal case associated with each seizure.
(4) Aggregate data on the race, ethnicity, age, and gender of persons whose property was seized.
(5) The number of seizures where the associated criminal case ended in each of the following:
a. A conviction, guilty or no contest plea, or entry into a pretrial diversion program.
b. A dismissal, acquittal, or non-prosecution.
(6) The number of cases where each of the following occurred:
a. Property was ordered forfeited by the Court after a petition for return of property is filed under § 4784(j) of this title.
b. Property was ordered forfeited by the Court after failure to file a petition for return of property under § 4784(j). of this title.
c. Property was forfeited pursuant to a plea or non-prosecution agreement.
d. Property was ordered by the Court to be returned to the owner.
e. Property was returned to the owner without a court order.
(7) The number of seizures by each law enforcement agency in the State.
(8) The number of seizures referred, transferred, or otherwise diverted to a federal agency for prosecution or forfeiture proceedings and a description of the property and an accounting of any funds returned to any State or local agency as a result of the federal forfeiture.
(9) In forfeiture proceedings that were contested, the number of petitioners who were represented by counsel and the number who proceeded pro se.
(10) The total number of applications for forfeiture made by the State and the number of applications in which any party filed a petition for return of property. For this purpose, where an application for forfeiture contains property from more than 1 seizure, the property from each separate seizure should be counted as 1 application.
(11) Total value of proceeds collected from the sale of forfeited property and total proceeds delivered to the General Fund from the sale of forfeited property.
(b) The Department of Justice shall deliver a copy of the annual report to the Governor, the Chief Justice, the Office of Defense Services, the Chair of the Senate Corrections & Public Safety Committee, the Chair of the House Public Safety and Homeland Security Committee, the Director and Librarian of the Division of Research, and the Public Archives.

16 Del. C. § 4788

Added by Laws 2023, ch. 375,s 1, eff. 1/1/2025.