Civil Asset Forfeiture

The Office of Attorney General is required to collect information from state’s attorneys and law enforcement about property forfeited under civil asset forfeiture proceedings, and to compile an annual report from that information. Following recommendations from this office, the 67th Legislative Assembly amended the law, effective August 1, 2021, to remove the state’s attorney’s reporting requirement and change the law enforcement reporting requirement from monthly to annual.

Law Enforcement Agency Requirements

Until July 31, 2021: When a law enforcement agency disposes of forfeited property, the agency must complete a Civil Asset Forfeiture Case Report form (Part 2), and submit it to the Office of Attorney General within thirty days, by email to agoassetforfeit@nd.gov

Effective August 1, 2021: A law enforcement agency that seizes cash or property which is then forfeited pursuant to a civil asset forfeiture proceeding must submit an annual case report form detailing civil asset forfeiture activity during the fiscal year (July 1-June 30). 

The case report itemizes the civilly forfeited property, its disposition and value, any property held by the agency at the end of the reporting period, and any property disposed of/sold during the current reporting period even if the property was civilly forfeited during a prior reporting period. Do not report criminal forfeitures, only civil asset forfeitures. 

The first annual reporting requirement is for FY 2021-2022. Annual reports can be submitted beginning July 1 (2022), but must be received no later than July 31.  

Prosecuting Attorney Requirements

Until July 31, 2021, as each case is completed the prosecuting attorney should submit a completed Civil Asset Forfeiture Case Report form (Part 1) and a copy of the court’s judgment in the associated criminal case. Email to agoassetforfeit@nd.gov. Effective August 1, 2021, there is no CAF reporting requirement.

Annual Report

By November 1st of each year, the Office of Attorney General shall publish an annual report summarizing the civil asset forfeiture activity in the state for the preceding fiscal year, and shall include information about the type, approximate value, and disposition of any civilly forfeited property, and amount of proceeds received.  Effective August 1, 2021, the legislature also requires that the annual case report forms provided by law enforcement agencies must be included in the report. This additional information will be included beginning with the FY 2021-2022 report.