Investigating Animal Cruelty 17 Consider these options: Bonding laws A bonding law requires that after an appropriate hearing, any person arrested for animal cruelty or fighting is required to post a determined amount of money to cover the costs of caring for the seized animals (including reasonable costs of boarding/care and all necessary veterinary examinations). Bonding laws are sometimes called ”disposition laws” because when the accused refuses to post bond, the animals are often forfeited to the seizing agency. Indemnity provisions Bonding laws frequently contain a provision that, in the absence of a conviction, the seizing agency is to bear the costs of boarding and care for the animals during the pendency of the proceedings, and return the animals along with the security posted. Civil forfeiture laws Civil forfeiture laws provide for an expedited hearing soon after the animals are seized. The seizing agency typically must prove by a preponderance of evidence that the owner of the seized animals is unfit, in which case the animals are forfeited and become the legal property of the agency. At that point, the animals can be fostered, adopted or humanely euthanized. Generally, the animals do not need to be held until the end of the criminal case because all evidence regarding their condition was gathered at the time of the seizure. Voluntary surrender In many cases, voluntary surrender provides the best means of meeting the animals’ immediate needs without compromising the criminal case. In all such cases, it is important to provide the owner with a form that must be signed to show that the relinquishment is voluntary. Most agencies use a standard form for this purpose. Although the animals become the property of the seizing agency once they have been relinquished, it is generally recommended that the seizing agency obtain approval from the prosecutor handling the case before any of the animals are fostered, offered for adoption, or otherwise disposed of, as some or all of the animals might still be considered evidence. Abandonment In cases where animals have been left without adequate food or water for a specified period, some states allow for the animals to be declared abandoned and subject to seizure by authorities. Failure of the owner to appear at scheduled hearings to determine disposition may also result in a declaration of abandonment in some states. Unfit owner Some states have civil provisions that allow the court to find the animal’s owner ”unfit” without resorting to a criminal prosecution. A finding of ”unfitness” authorizes the court to order forfeiture of the animals. In cases involving a large number of animals for which there is no appropriate site to hold them, it may be necessary to have some or all of the animals impounded on the defendant’s property with provisions for local authorities to provide for their feeding, care, and medical attention. If animals are held in this manner, it is extremely important that each animal be thoroughly documented and permanently identified (i.e. microchipped) for evidentiary purposes and to prevent replacement or unauthorized removal. Check with your DA to determine whether permanent identification is allowed under your law before performing microchipping or other similar types of identification. It may also be necessary to have a law enforcement presence pending a ruling by the court. How to use this field guide
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