Indiana's highest court is taking up the question of whether all civil forfeitures in the state must be paid into a fund that helps school districts pay for new school construction and other projects.
The Northwest Indiana Times reports that the issue in the Marion County case now before the Indiana Supreme Court is whether a state constitutional requirement that "all forfeitures" be paid to the Common School Fund really means "all."
Indiana law has permitted police and prosecutors since 1984 to divert for "expenses" a portion of the revenue generated through the seizures of property and cash connected to criminal enterprises.
Such forfeitures generated $3.4 million statewide during Indiana's 2017 budget year. The Indiana Prosecuting Attorneys Council says only about $63,000 was ultimately deposited in the Common School Fund.