Under the current laws of several states, animals seized by law enforcement officials during the course of a cruelty investigation are treated as any other property. Seized animals must be held as evidence in a cruelty case and thus cannot be disposed of (adopted, returned to owner) until the case has been adjudicated. However, animals are different than other seized property; animals must receive food, water, and often, extensive medical care from the authority that took possession of them as part of the arrest or seizure. This can cause an extreme financial hardship for these authorities - which includes cities and towns -that have rescued the animals from a cruel or neglectful situation. In many instances, seized animals are caught in 'legal limbo' for anywhere from several months to several years by owners who may deliberately delay the cruelty case to avoid prosecution or to avoid paying for their animals' care.

What does this legislation do to change this situation?

Approximately one third of the states have enacted legislation allowing the posting of a security or bond for the seizure of impounded animals. While these bond posting provisions vary from state to state, the primary goal of these provisions is to require a defendant in a cruelty or neglect case to post a security/bond to cover the costs of caring for the animal during the period of time the animal is held until the case is adjudicated. The owner who posts a security would retain legal ownership of the animals until the case was adjudicated. Any owner not wishing to post security would forfeit ownership of the animals. This legislation prevents the authority that seizes the animal, whether it is a private organization authorized by statute to seize animals, or state or municipal entity, from spending large amounts of money to care for the seized animal while awaiting trial. Most importantly, this legislation also prevents animals from suffering illness and behavioral problems that result from long periods of time spent in confinement.

How would requiring a posting of a security help seized animals?

By posting a security, the owner of the animal has a financial interest in resolving the case quickly. By making the owner financially accountable, cases will be resolved more quickly and animals can be placed in permanent homes in a more expeditious and humane manner.

Provision of due process for defendants

In order to pass constitutional scrutiny, this type of legislation must been carefully drafted to ensure that all due process concerns regarding the posting of the security are satisfied. This can include:

• Providing the defendant with sufficient notice and an opportunity for a hearing before any security is posted.
• Requiring the authority to secure a court order for to humanely dispose of the animal at the end of the time for which expenses are covered by the security.
• Providing for the court's discretion in waiving or reducing the amount of the bond. This ability to waive or reduce the bond will ensure due process and equal protection to any indigent person so that he/she is not deprived of his/her property or access to the courts based on the ability to pay the bond.