Ala. Admin. Code r. 265-X-3-.08

Current through Register Vol. 42, No. 12, September 30, 2024

Section 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.

Ala. Admin. Code r. 265-X-3-.08

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 08, May 28, 2021, eff. 7/12/2021.

Author: Maury Mitchell

Statutory Authority:Code of Ala. 1975, § 41-9-620.