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Measure 3 handcuffs JACNET, sheriff says By Jessica Smith The recent passage of Measure 3 may mean the end of forfeiture in Jackson County � and a huge loss in revenue to its drug task force, said Sheriff Bob Kennedy. Approved by a 2-1 ratio Nov. 7, Measure 3 requires police to get convictions before they confiscate property. Police officers say while well-intended, the constitutional amendment threatens their ability to fight drug dealers. Worse, they say, is the provision that only allows law enforcement to keep 25 percent of proceeds from any forfeiture, instead of the traditional 100 percent. The measure could cost the Jackson County Interagency Narcotics Enforcement Team as much as $80,000 a year in lost revenue, officials say. "That�s about 40 percent of our operational budget we just lost," said Sgt. Jim Anderson, JACNET commander. "This money is what (we use) to keep the lights on and the phones working." For more than a decade, Oregon�s civil forfeiture law has allowed authorities to seize cars, cash and other property from people � mostly drug dealers � based on a determination of "probable cause" of wrongdoing. No arrest or conviction was required. Proceeds from forfeitures in Jackson County are funneled into JACNET�s operational budget, which pays for office supplies, gasoline and costs other than personnel. Under Measure 3, 75 percent of all proceeds from forfeitures are to go toward drug treatment, education and prevention programs. The remaining 25 percent would be returned to the agency responsible for the forfeiture. The new rules may put an end to forfeitures in Jackson County and elsewhere by eliminating the incentive to law enforcement agencies, Kennedy said. In addition to funding drug investigations, proceeds from forfeitures typically are used to reimburse agencies for costs associated with the legal proceedings. Measure 3 proponents argue that the new law will stop police from seeing forfeitures as income. "Under the current law, the entire proceeds can go back to the very agencies that have the responsibility for seizing the property," said Dave Fidanque, executive director for the Oregon branch of the American Civil Liberties Union. "That�s one of the inherent problems in the civil forfeiture process. It encouraged police to look at law enforcement as a profit center." Beyond that, measure supporters sought to reform the forfeiture system because they said it defied the concept of innocent until proven guilty. Sheriff�s officials say they don�t know exactly what will become of JACNET, a nine-member drug investigation team that averages 200 arrests annually. But Kennedy said he won�t let the program fall to budget pressures. "We�re going to continue to investigate" drug crimes, said Kennedy, who is awaiting guidance from the state justice department before making changes to the program. "In some fashion, we are going to have a task force." Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.