A bill claiming to bring public disclosure to Delaware’s civil asset forfeiture fund sailed through the state House Tuesday.
While subjecting the Special Law Enforcement Assistance Fund, or SLEAF, to the Freedom of Information Act, the proposal also allows law enforcement to apply for money in secret.
If those applications are then deemed to be public, the agency could then withdraw it without it ever becoming a public record.
Rep. Larry Mitchell (D-Elsemere), a former New Castle County police officer himself, says that’s necessary to not jeopardize ongoing investigations.
“All of these applications that are being submitted, they’re active investigations so you certainly don’t want to disclose information.”
Money from SLEAF has paid for overtime patrols in Wilmington, Naloxone kits, but mostly other law enforcement equipment.
Dollars in SLEAF come from property seized by police that they suspect is related to criminal activity -- even if that person is never convicted of a crime. The burden is then on the citizen to prove the money, cash or items seized were not associated with a crime.
It now needs Senate approval to go to Gov. Jack Markell’s (D) desk.
Another proposal from Sen. Colin Bonini (R-Dover South) would erase civil asset forfeiture and SLEAF altogether, but it hasn’t gotten a committee hearing since being introduced months ago.
