The legislature approved and Gov. Earl Ray Tomblin signed into law the West Virginia Contraband Forfeiture Act earlier this year. It takes effect July 9.
The old law required county prosecutors to file civil lawsuits against drug defendants within 90 days after their arrests if they wanted the forfeited money. The new law only requires a certified letter to the defendant within 30 days. Drug offenders rarely fight for the money seized during a drug arrest.
In recent years, many police agencies have opted to allow the federal government to go after the drug money because its process is streamlined, Plants said. The arresting agency gets 80 percent of the money and the federal government 10 percent.
The new state law is a 90/10 split, with the 10 percent going to the county prosecutor’s office.
The bill was sponsored by Del. Doug Skaff (D-Kanawha) and co-sponsored by Del. Justin Marcum (D-Mingo). Marcum said he believes the new law will help curb the drug problem in the state.
