LAW ENFORCEMENT, SCHOOLS STUDY BILL ON DRUG FORFEITURES

CAPE GIRARDEAU -- The coordinator of the SEMO Drug Task Force said he's not convinced of the fairness of a state constitutional amendment that would split assets of drug busts between law enforcement and school districts.

The coordinator, a member of the Missouri Highway Patrol who requested anonymity because of the nature of his work, said he didn't want to get pinned down on what he believes would be a fair split.

Nevertheless, he said seizures and resulting forfeitures require a lot of manpower and time, and law enforcement authorities need incentive to pursue them.

"It costs money. It just doesn't fall out of the sky. You've got to work for it," he said.

Last week the Missouri House of Representatives gave first-round approval to the amendment, sponsored by Rep. Francis R. Brady, D-Jennings.

The amendment applies to various crimes, including drug and sexual offenses, murder and robbery. It would set aside 45 percent of the forfeitures each for the participating law enforcement agencies and for education when the forfeitures are pursued through the state criminal system. Prosecutors handling the forfeitures would get the remaining 10 percent.

Currently, under the state constitution, all proceeds forfeited from state criminal cases go to school districts in the county where the confiscation took place. A majority of state voters would have to approve the amendment for it to become part of the constitution.

The Missouri Supreme Court ruled last fall in a lawsuit out of Lafayette County that local school districts should get all assets from drug cases. After police in Lafayette County tried to keep $1.15 million in drug money, the Odessa R-8 School District asked the court to enforce the constitutional amendment that schools should receive forfeitures "for any breach of the penal laws."

This year the SEMO Drug Task Force has a $200,000 budget, 25 percent of which is coming from local law enforcement in the form of seized drug money, the task force's coordinator said.

"So you can see how these seized monies can come back to haunt the drug dealer, basically," he said.

Morley Swingle, the prosecuting attorney for Cape Girardeau County, has written a letter to state Sen. John Dennis, D-Benton, asking Dennis to support the amendment. Dated March 6, the letter says the amendment would be good for everyone and is much needed.

Swingle notes that law enforcement authorities may currently pursue forfeitures for their departments through the federal system, but the arrangement doesn't provide any money for schools.

"I expect we will continue to see the amount of forfeitures decrease if this amendment is not passed, as well as seeing the larger forfeitures going through the federal system," the prosecutor said.

Scott County Prosecuting Attorney David Dolan said, as it is now, all criminal fine money from the courts goes to the school system. He added that he believes any money seized in drug raids or criminal activity should be put towards law enforcement, but he said he didn't know if it should all go there.

"I think (the amendment) seems to be a pretty good compromise. Both of the systems need the money."

The business manager for the Cape Girardeau Public Schools, Larry Dew, said his initial reaction is that schools should get all of the assets from drug cases, as determined in the Lafayette County case. But, he said, taking into consideration that the schools would not get any money if the federal system is used for forfeitures or if some special sheriff's funds take in the money, the proposed amendment might be the best way to go.

"The law giving us half might not be a bad thing," Dew said.