Civil forfeiture comes in three forms. The prosecutor may bring an administrative forfeiture action, or may bring a judicial proceeding. If the prosecutor chooses the administrative proceeding, the defendant may choose to convert the administrative action to a judicial action. In addition, the most dangerous controlled substances, and dangerous materials associated with the manufacture of the most dangerous controlled substances, are subject to summary forfeiture. The objective of these choices is to give the prosecution maximum flexibility in conducting forfeiture actions, while protecting property owners' rights.
Administrative proceedings are a less onerous burden than judicial proceedings.
There is practically no proceeding at all in a summary proceeding under UCSA 1994. An action for forfeiture is also available for conduct outside the boundaries of a state that would be a felony within the state. So property is subject to forfeiture even though the defendant in the forfeiture action is not subject to criminal jurisdiction within the state. UCSA 1994 quite clearly states that property can be forfeited even if there is not a criminal prosecution. Forfeitable property is generally illegal controlled substances themselves, any property used in the manufacture, transport or storage of illegal controlled substances, weapons used to facilitate illegal conduct, and probably most importantly, proceeds traceable to the illegal conduct.