Forfeitable property is the same as in a civil forfeiture action, generally property used in criminal activities and property derived from the proceeds of criminal activities. The criminal procedure commences with a recitation of forfeiture in the indictment or information that originates the criminal prosecution. The court may divide the actions into two parts, one to determine criminal penalties and one to determine whether property is to be forfeited. A defendant is entitled to a jury trial, exactly as in any criminal action. The new criminal provision essentially allows the prosecution to add forfeiture to the criminal proceeding with the same remedial effect as if the action was filed as a civil action.
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.