CHAPTER 2-6
FORFEITURE
§ 2-6-1 Definitions
(a) "Contraband" means any item which is unlawful to possess or produce.
(b) "Probable cause" exists under this chapter when the prosecutor has substantial objective basis for believing that a piece of property was used in association with an infraction or criminal offense as provided in this code. In determining whether probable cause exists, the prosecutor may take into account all information which a prudent prosecutor would deem relevant to the likelihood that the property was used in such a manner.
(c) "Proceeds" means any property obtained through the commission of a criminal offense under this code and includes any appreciation in value of such property or any secondary property obtained or gain realized by the sale or exchange of the original proceeds of a crime.
(d) "Instrumentality" means any item used in connection with an infraction or criminal offense under this code.
(e) "Real property instrumentality" means an interest in real property used in connection with a criminal offense under this code.
§ 2-6-2 Forfeiture Actions
(a) In addition to any remedy or penalty imposed against any person found to have committed a criminal offense or a civil infraction other than a traffic infraction under this code, the Nez Perce Tribe may bring a forfeiture action against any:
(1) property which constitutes contraband, the proceeds, instrumentalities, or real property instrumentalities associated with a criminal offense; or
(2) contraband or instrumentality used in connection with a civil infraction, other than a traffic infraction.
(b) Any action under this chapter shall be civil, remedial and in rem in nature and shall not be deemed to be a penalty for any purpose.
§ 2-6-3 Seizure
(a) If a tribal police officer finds or is made aware of evidence that a particular item other than a real property instrumentality or proceeds held in a checking, savings, or other account is subject to forfeiture under this chapter, he shall seize the item. Once seized, the tribal police shall notify the tribal prosecutor of the seizure and hold the item as evidence until forfeiture is declared or a release ordered.
(b) If a tribal police officer finds or is made aware of evidence that a real property instrumentality or proceeds held in a checking, savings, or other account are subject to forfeiture under this chapter, he shall notify the tribal prosecutor who shall determine whether probable cause exists to seize the item in question.
(c) The tribal prosecutor may file a notice of intention to institute forfeiture proceedings with the clerk of the Court. Within two (2) business days of receipt of the notice, the clerk shall:
(1) publish notice of the seizure and intent to institute forfeiture proceedings in a newspaper of general circulation in the area where the property is located or seized; and
(2) if the item to be seized constitutes real property, file a notice of seizure and intent to institute forfeiture proceedings with the appropriate county recorders office and post a copy upon the property involved; or
(3) if the item to be seized constitutes proceeds held in a checking, savings or any other account, file a notice of seizure and intent to institute forfeiture proceedings with the bank or any other person having in his possession or control the proceeds to be seized directing such person or bank to freeze the account and requesting copies of the account records.
(d) The notice of seizure and intent to institute forfeiture proceedings shall provide that any interested parties with potential claims to the item in question are required to file a request for hearing within twenty (20) business days of publication of the notice and that failure to do so will be deemed forfeiture by default.
§ 2-6-4 Forfeiture Determination (revised 6/22/99)
(a) If the Tribal Court determines that an infraction or criminal offense has been committed in relation to an item seized, the prosecutor may file an action for forfeiture. Subject to this section, the proceedings governing forfeiture shall be the same as that prescribed for civil proceedings under this code.
(b) If any interested party with potential claims to the property involved has contacted the Tribal Court within twenty (20) business days after publication of notice of seizure, a forfeiture hearing shall be held before the Court no later than thirty (30) business days after the date of judgment on the underlying infraction or offense. Such party shall have the right at hearing to present evidence and produce witnesses as to why such property should not be forfeited.
(c) There shall be no right to a jury in forfeiture hearings and the burden of proof shall be a preponderance of the evidence.
Following the hearing the Tribal Court shall determine whether the property in question shall be forfeited to the Tribal Law Enforcement.
(d) In the event that a forfeiture hearing is not requested by an interested party with potential claims to the property involved, such property shall be forfeited to the Tribal Law Enforcement.
(e) All property forfeited to Tribal Law Enforcement shall be placed into service, destroyed, or sold at auction as per Tribal Law Enforcement guidelines and policies.