Uniform Forfeiture Reporting Act
The Uniform Forfeiture Reporting Act (Public Act 148 of 2015) mandates governmental entities to report details of seized and forfeited property. The Michigan State Police (MSP) is responsible for compiling this information, publishing an annual report for the legislature, and posting it on the MSP website. Agencies must disclose their forfeiture activities under four legal frameworks:
- Public Health Code (MCL 333.7521–MCL 333.7533): Pertains to controlled substances.
- Identity Theft Protection Act (MCL 445.79d): Covers property involved in identity theft.
- Revised Judicature Act of 1961, Omnibus (MCL 600.4701–MCL 600.4709): Encompasses general forfeiture rules.
- Revised Judicature Act of 1961, Public Nuisance (MCL 600.3801–MCL 600.3840): Relates to public nuisance property.
Key Provisions:
The act expands the required reporting to enhance transparency in the seizure and forfeiture of private property. Since August 7, 2019, a criminal conviction is required before certain property seized under the Public Health Code can be forfeited to law enforcement. Reporting agencies must provide the following details:
- Forfeiture Proceedings:
- The number of proceedings initiated and concluded in circuit court.
- The number of cases still pending at year-end.
- Non-Court Forfeitures:
- The number of forfeitures completed without involving circuit court proceedings.
- Plea Agreements:
- The number of cases resolved through plea agreements or similar arrangements between property owners and the agency.
- Property Inventory:
- A categorized list of forfeited property (e.g., residential, industrial, or agricultural real estate; money; weapons; vehicles; other personal property).
- Each item must include details such as seizure date, estimated value, alleged violation, whether charges and convictions occurred, the final disposition, number of claimants, and if the forfeiture involved an adoptive seizure.
- Net Proceeds:
- Total net proceeds from all forfeited property, reported under the Uniform System of Accounting Act or the Uniform Budgeting and Accounting Act.
- Usage of Proceeds:
- Statements on the use of funds from forfeiture proceedings related to controlled substances (under the Public Health Code) and nuisance or general forfeiture laws (under the Revised Judicature Act).
These measures aim to provide a comprehensive account of property forfeiture and ensure accountability in law enforcement practices.