KALAMAZOO, MI -- If your car is seized for transporting illegal drugs, prepare to pay up to get it back.

Public Act 418 of 2016 eliminates a requirement for citizens whose property has been seized by police to provide a cash bond to contest the civil forfeiture. A day before the new law took effect on April 4, the City Commission voted 5-2 to charge residents $250 to recover costs incurred by Kalamazoo in seizing a vehicle.

Under civil forfeiture laws, police can seize and keep property that may be associated with a crime; even if the owner is never convicted. In 2016, 38 vehicles were seized by the Kalamazoo Department of Public Safety, 30 of which resulted in criminal charges.

"Rather than go through the forfeiture process, all the city is looking at is getting back the cost of towing and impounding that vehicle," said City Attorney Clyde Robinson. "If it's a serious enough matter, and the state wants to seek forfeiture, it will go through a different process."

Motor vehicles are seized by KDPS when used in the trafficking of narcotics, specifically heroin, cocaine, methamphetamine or delivery amounts of marijuana. Robinson said officers will not seize a person's vehicle simply for possessing a controlled substances, and medical marijuana patients carrying the legal amount shouldn't be affected.

"It's 'do you have the intent to deliver,' whether that is one joint or a pound," he said. "Officers have to demonstrate an intent to deliver as opposed to merely possession. If you have a substantial amount (of controlled substances), that makes the case a little easier."

The $250 fee covers a contract with McDonald's Towing, which charges $60 per vehicle, and administrative costs associated with seizure. Upon payment of the fee, the vehicle is released to the registered owner with no additional towing and storage fees.

The fee applies regardless of whether the owner of the vehicle was inside when pulled over by police.

Commissioners Shannon Sykes and Matt Milcarek voted against the resolution. Both said they were uncomfortable with charging people who are eventually found to be innocent of a crime or those who used family member's car to transport drugs without their knowledge.

"We know these crimes are more prevalent in low-income communities because often times they can be the result of struggles for survival," Sykes said. "I'm not validating that is the appropriate way, but $250 for someone barely making ends meet is a lot of money."

Mayor Bobby Hopewell said a vehicle owner still must be responsible for who is driving their car.

"I struggle with how we determine how to get rid of your personal responsibility," Hopewell said. "It's your vehicle, someone is operating it, (but) you've allowed it. If you get a call from public safety and your 16-year-old has run into a tree, unfortunately that is on (you)."

Law enforcement seizes vehicles to deter illegal trafficking of narcotics, according to city documents. If KDPS stops the practice, the city would remove an immediate financial consequence to illegal activity.

"It's a way to interdict, stop the drugs (and) get them off the street along with vehicle transporting them," Robinson said. "Then the individual involved can get their car back a little more easier than going through the forfeiture process."

A provision the resolution states Kalamazoo Department of Public Safety's policy will not enforce forfeiture laws to increase revenue to the city, but as way to deter trafficking of controlled substances.

If KVET chooses to keep the vehicle through civil litigation, the $250 fee will not need to be paid. KVET policy states vehicles worth less than $3,000 are not seized or sought for forfeiture, because it would not be worth the necessary financial and time commitment.

The fee eliminates a delay in going through the court process to contest the seizure and saves the city from paying a $150 filing fee to initiate a proceeding in court, plus motion fees, and the officer's time doing further investigation.

The resolution also allows the city manager to adjust the fee to "accurately" reflect changes in costs.

Vehicle forfeiture resolution by Malachi Barrett on Scribd