In Illinois, civil asset forfeiture permits law enforcement to seize property they suspect is linked to criminal activity, even if the owner isn't charged with a crime. To recover the property, the owner must prove in court that it wasn't involved in illegal conduct. However, Illinois has strict regulations governing this process. All seizures must undergo a thorough, multi-step review before property rights are terminated and the property is forfeited to the seizing agency.
At the Urbana Police Department, the Criminal Investigations Division Lieutenant carefully examines the officer's decision to seize the property and has the authority to overrule it. If they agree with the seizure, the documentation is then sent to the Champaign County State's Attorney's Office, where it is reviewed again. The Criminal Investigations Division Lieutenant also forwards the documentation to the Illinois State Police.
It is important to note that the property owner has the right to a hearing before a judge and can appeal the decision. If the judge awards the seizure, the forfeited items become the property of the Illinois State Police which distributes funds to the seizing agency.