Ala. Admin. Code r. 265-X-3-.08 - Electronic Submission Of Civil Forfeiture Reporting Data By District Attorney
(1)
Effective July 12, 2021, every state, county, or municipal prosecutor in
Alabama that files for forfeiture of property seized in connection to a
criminal activity shall submit the following information related to the seizure
and forfeiture into the state civil forfeiture reporting system provided
through ALEA:
(a) The date of the
seizure.
(b) The address of the
seizure.
(c) The name of the law
enforcement agency that conducted the seizure.
(d) The type of property seized.
(e) A general description of the property
seized.
(f) The name of the person
or entity, if known, from whom the property was seized.
(g) A description of the suspected underlying
criminal activity that led to the seizure.
(h) Any known arrest, including the date and
charge, related to the seizure which occurred prior to a forfeiture final
judgment of the seized property.
(i) Any and all civil case action numbers
assigned in state court.
(j) Any
known claimants, including title holders of record or lien holders of
record.
(k) The disposition of the
property, including the date of any order.
(l) The name of each entity receiving all or
any portion of the seized property subject to the forfeiture disposition. If
the forfeiture order requires the selling of the property, all proceeds from
the sale shall be accounted for by the recipient.
(2) This record shall be entered into system
for electronic submission to ALEA within 90 days of the final order determining
forfeiture disposition by the court, provided no appeal is taken or there are
no post-trial judgments. Otherwise, submission shall be within 60 days after
case is final after all post-trial remedies are exhausted.
(3) Property confiscated as a result of a
criminal event that would otherwise be illegal to possess and is not subject to
forfeiture shall not be entered into the state forfeiture reporting
system.
Notes
Author: Maury Mitchell
Statutory Authority: Code of Ala. 1975, ยง 41-9-620.
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