Relevant Statutes

The statutory procedures for forfeiture are set forth in Health and Safety Code sections 11488.4 and 11488.5, which contemplate both judicial and nonjudicial forfeiture. (Ramirez v. Tulare Cnty. Dist. Attorney's Office (2017) 9 Cal.App.5th 911, 926.)

Judicial Forfeiture

Under section 11488.4(a)(1), the Attorney General or district attorney may initiate judicial forfeiture by filing a petition of forfeiture in the superior court. In judicial forfeiture, a person claiming an interest in the property is entitled to a jury trial. The government bears the burden of proving the property is subject to forfeiture. (Secs. 11488.4(i), 11488.5(c)–(f).) In addition, for some types of property, if forfeiture is contested, a judgment of forfeiture cannot be entered unless a defendant has been convicted of a related or underlying criminal offense. (Sec. 11488.4(i)(3); see People v. $10,153.38 in United States Currency (2009) 179 Cal.App.4th 1520, 1524–1526, 102 Cal.Rptr.3d 584.)

Petition Contesting Forfeiture

“Such a petition must be filed in the superior court ‘as soon as practicable, but in any case within one year of the seizure of the property which is subject to forfeiture....’” (Ramirez v. Tulare Cnty. Dist. Attorney's Office (2017) 9 Cal.App.5th 911, 926 n. 13 citing Sec. 11488.4(a)(2).)

Non-Judicial (Administrative) Forfeiture

Section 11488.4(j), creates a streamlined process for forfeiture without any judicial involvement, which is referred to as nonjudicial or administrative forfeiture. (Ramirez, supra, 9 Cal.App.5th at 926 citing Cuevas v. Superior Court (2013) 221 Cal.App.4th 1312 at 1321.) As with judicial forfeiture, nonjudicial forfeiture proceedings must be initiated by “[t]he Attorney General or the district attorney.” (Sec. 11488.4(j).) However, nonjudicial forfeiture is available only if the value of the property at issue does not exceed $25,000. (Id.)

Subdivision (j) of section 11488.4 sets forth the specific procedural requirements for nonjudicial forfeiture, as follows:

“The Attorney General or the district attorney of the county in which property is subject to forfeiture under Section 11470 may, pursuant to this subdivision, order forfeiture of personal property not exceeding twenty-five thousand dollars ($25,000) in value. The Attorney General or district attorney shall provide notice of proceedings under this subdivision pursuant to subdivisions (c), (d), (e), and (f), including:

1. A description of the property...;
2. The appraised value of the property...;
3. The date and place of seizure or location of any property not seized but subject to forfeiture;
4. The violation of law alleged with respect to forfeiture of the property;
5. [...]
1. The instructions for filing and serving a claim with the Attorney General or the district attorney pursuant to Section 11488.5 and time limits for filing a claim and claim form.
2. If no claims are timely filed, the Attorney General or the district attorney shall prepare a written declaration of forfeiture of the subject property to the state and dispose of the property in accordance with Section 11489. A written declaration of forfeiture signed by the Attorney General or district attorney under this subdivision shall be deemed to provide good and sufficient title to the forfeited property. The prosecuting agency ordering forfeiture pursuant to this subdivision shall provide a copy of the declaration of forfeiture to any person listed in the receipt given at the time of seizure and to any person personally served notice of the forfeiture proceedings.
3. If a claim is timely filed, then the Attorney General or district attorney shall file a petition of forfeiture pursuant to this section within 30 days of the receipt of the claim. The petition of forfeiture shall then proceed pursuant to other provisions of this chapter, except that no additional notice need be given and no additional claim need be filed.”

(Ramirez, supra, 9 Cal.App.5th at 926.)

Purpose and Scope of Non-Judicial/Administrative Forfeiture

The purpose for providing a streamlined process for nonjudicial forfeitures is “to save the government the time and expense of a judicial proceeding in cases where the value of the property seized is small... and forfeiture is uncontested.” (Ramirez v. Tulare Cnty. Dist. Attorney's Office (2017) 9 Cal.App.5th 911, 926-27 citing Nasir v. Sacramento County Off. of the Dist. Atty. (1992) 11 Cal.App.4th 976, 983, 985.) “If a claim is timely filed, however, nonjudicial forfeiture terminates and the only viable option for forfeiture at that point would be for the prosecutor to initiate judicial forfeiture within 30 days of receipt of the claim.” (Id.) “‘The nonjudicial forfeiture proceeding is terminated ... if anyone duly submits a claim to the seized property in response to the notice of nonjudicial forfeiture. If a claim is filed, the district attorney cannot pursue nonjudicial forfeiture but must initiate a judicial forfeiture proceeding’ if it wishes to effect a lawful forfeiture.” (Id . at 983–984, 990; Sec. 11488.4(j).)