11.16Uniform Forfeiture Reporting Act
“Subject to [MCL 28.112(2) and MCL 28.112(3)], before February 1 of each year, each reporting agency shall submit a report to the department of state police summarizing the reporting agency’s activities for the preceding calendar year regarding the forfeiture of property under [MCL 333.7521 to MCL 333.7533 of the PHC.]” MCL 28.112(1).1 See also MCL 333.7524b (requiring reporting agencies to report all seizure and forfeiture activities under Article 7 of the PHC as required under the Uniform Forfeiture Reporting Act).
MCL 28.112(1) applies only to proceedings commenced on or after February 1, 2016. MCL 28.112(2).
“The annual report shall be made on a form as prescribed by the department and shall contain the following information, as applicable:
(a) The number of forfeiture proceedings that were instituted in the circuit court by the reporting agency.
(b) The number of forfeiture proceedings instituted by the reporting agency that were concluded in the circuit court.
(c) The number of all forfeiture proceedings instituted by the reporting agency that were pending in the circuit court at the end of the year.
(d) The number of forfeitures effectuated by the reporting agency without a forfeiture proceeding in the circuit court.
(e) The number of forfeiture proceedings subject to a consent judgment, settlement, or any other similar agreement involving the property owner and reporting agency.
(f) The number of public nuisance proceedings instituted by the reporting agency in the circuit court that concluded in an order of abatement involving the forfeiture of property.
(g) An inventory of property received by the reporting agency. Property shall be reported in accordance with each of the following categories:
(i) Residential real property.
(ii) Industrial or commercial real property.
(iii) Agricultural real property.
(iv) Money, negotiable instruments, and securities.
(v) Weapons.
(vi) Motor vehicles and other conveyances.
(vii) Other personal property of value.
(h) Each property inventoried under subdivision (g) shall include a description that contains the following information, as applicable:
(i) The date the property was seized.
(ii) The final disposition of the property, including the date the property was ordered forfeited or disposed of.
(iii) The estimated value of the property.
(iv) The violation or nuisance alleged to have been committed for which forfeiture is authorized.
(v) Whether any person was charged with the violation for which forfeiture is authorized and whether that person was ultimately convicted of that violation.
(vi) Whether any person claimed an interest in the property and the number of claimants to the property.
(vii) Whether the forfeiture resulted from an adoptive seizure. As used in this subdivision, “adoptive seizure” means that all of the following apply:
(A) The seizure resulted from a violation of state law and there is a federal basis for the forfeiture action.
(B) All of the preseizure activity and related investigations were performed by this state or the local reporting agency before a request was made to the federal government for adoption.
(C) The seizure did not result from a joint investigation or task force case.
(viii) Whether the property was seized pursuant to a search or arrest warrant or incident to arrest.
(ix) Whether a controlled substance was found in the course of the investigation that resulted in the forfeiture of the property.
(i) The net total proceeds of all property forfeited through actions instituted by the reporting agency that the reporting agency is required to account for and report to the state treasurer under either of the following, as applicable:
(ii) The uniform budgeting and accounting act, . . . MCL 141.421 to [MCL] 141.440a.
(j) For forfeiture proceedings instituted under the [PHC]:
(i) A statement explaining how any money received by the reporting agency under [MCL 333.7524(1)(b)(ii)], has been used or is being used for law enforcement purposes.
(ii) A statement of the number of lights for plant growth or scales donated under [MCL 333.7524(2)], the total value of those lights or scales, and the elementary or secondary schools or institutions of higher education to which they were donated.” MCL 28.112(1)(a)-(j).2
MCL 28.112(1)(h), MCL 28.112(1)(i), and MCL 28.112(1)(j) apply only to proceedings that have been finalized for purposes of appeal. MCL 28.112(3).
“A null report shall be filed under [the Uniform Forfeiture Reporting Act] by a reporting agency that did not engage in any forfeitures during the reporting period.” MCL 28.113.
2.Compilation of Reported Information
“The department of state police shall compile the information reported to the department under [MCL 28.112 and MCL 28.113]. Beginning January 1, 2017, the department shall file an annual report of its findings under this section with the secretary of the senate and with the clerk of the house of representatives and shall place a copy of the report on its departmental website. The report shall be filed not later than July 1 of each year. The report shall identify any state departments or agencies or local units of government that have failed to properly report the information required under [MCL 28.112 and MCL 28.113] with the department of state police.” MCL 28.116.
“A reporting agency may use forfeiture proceeds to pay the reasonable costs associated with compiling, analyzing, and reporting data under [the Uniform Forfeiture Reporting Act].” MCL 28.114.
“The records of a reporting agency regarding the forfeiture of any property that is required to be reported under [the Uniform Forfeiture Reporting Act] shall be audited in accordance with 1 of the following, as applicable:
(b) The uniform budgeting and accounting act, . . . MCL 141.421 to [MCL] 141.440a.” MCL 28.115(1).
“The records of a reporting agency regarding the forfeiture of any property required to be reported under [the Uniform Forfeiture Reporting Act] may be audited by an auditor of the local unit of government.” MCL 28.115(2).
1 The act also applies to forfeiture of property under sections of the Identity Theft Protection Act and the Revised Judicature Act. MCL 28.112(1).
2 The last two subdivisions in MCL 28.112(1) were purposely omitted because they are not relevant to the scope of this benchbook.