(a) Any person convicted of an offense other than a minor misdemeanor originating within the corporate limits of Ashtabula, Ohio, who is or was in the custody of the City Police Department or was confined in the City Jail or County Jail or any facility for which the City is charged any expenses, shall reimburse the City of the City’s expenses incurred by reason of such person’s confinement or custody, including, but are not limited to, the costs of repairing property damaged by the prisoner while confined; a per diem fee for room and board; medical and dental treatment costs; the fee for a random drug test assessed under division (E) of section 341.26 and division (E) of section 753.33 of the Revised Code; a one-time reception fee for the costs of processing the prisoner into the jail at the time of the prisoner's initial entry under the confinement in question; and testing for HIV, hepatitis, tuberculosis or other communicable disease.
(b) The per diem fee for room and board and the one-time reception fee described above for the Ashtabula City Jail shall be determined from time to time by the City Manager, who shall notify the Police Chief, the City Solicitor, the City Finance Director and the Clerk of Council. Until otherwise set by the Manager, the fee for room and board shall be $50.00 per diem, and the one-time reception fee for the City Jail shall be $75.00. The reception fee and one (1) days’ room and board may be deducted from the prisoner’s personal property upon initial processing and confinement, provided a receipt is given therefore which contains a written notice that the prisoner has 30 days within which to contest said charge in accordance with paragraph (d) hereof. No reception fee shall be assessed any prisoner who has been determined to be indigent by a court of competent jurisdiction.
(c) The Ashtabula City Jail shall accept commitments for incarceration from the Ashtabula Municipal Court for prisoners convicted of criminal violations of the Codified Ordinances or the Revised Code as long as accepting such a commitment does not cause any violation of regulations of the Ohio Department of Corrections. The per diem charge for room and board set herein or by the City Manager shall apply to all such commitments, but the reception fee shall be waived. Nothing in this paragraph shall be deemed to waive the right of the City to be reimbursed by the prisoner for other costs of confinement as described in paragraph (a) of this section.
(d) (1) Each prisoner shall receive at the end of the prisoner's confinement an itemized bill of the expenses to be reimbursed. The prisoner may make periodic payments on a schedule to be implemented upon release, not to exceed 180 days in duration. The bill also shall state that payment shall be made to the person identified in the bill as the reimbursement coordinator and include a notice that specifies that the prisoner has 30 days in which to dispute the bill by filing a written objection with the reimbursement coordinator and that if the prisoner does not dispute the bill in that manner within that period, the prisoner is required to pay the bill and a certificate of judgment may be obtained against the prisoner for the amount of the unpaid expenses. The prisoner shall sign a copy of the bill, and the reimbursement coordinator shall retain that copy. If the prisoner disputes an item on the bill within 30 days after receiving the bill, the reimbursement coordinator may either concede the disputed item or proceed to a hearing as set forth herein.
(2) If the prisoner disputes an item on an itemized bill presented to the prisoner and the reimbursement coordinator does not concede the item, the reimbursement coordinator shall submit the bill to the court, and the court shall hold a hearing on the disputed items in the bill. At the end of the hearing, the court shall determine how much of the disputed expenses the prisoner shall reimburse the City and shall issue a judgment in favor of the City for any undisputed expenses and the amount of the disputed expenses for which the prisoner must reimburse the City. The reimbursement coordinator shall not seek to enforce the judgment until at least 90 days after the court issues the judgment.
(3) If a prisoner does not dispute the itemized bill presented to the prisoner and does not pay the bill within 90 days, the reimbursement coordinator shall send by mail a notice to the prisoner requesting payment of the expenses as stated in the bill. If the prisoner does not respond to the notice by paying the expenses in full within 30 days of the date the notice was mailed, the reimbursement coordinator shall send by mail a second notice to the prisoner requesting payment of the expenses. If 180 days elapse from the date that the reimbursement coordinator provides the bill and if the prisoner has not paid the full amount of the expenses pursuant to the bill and the notices, the reimbursement coordinator may notify the clerk of the appropriate court of those facts, and the clerk may issue a certificate of judgment against the prisoner for the balance of the expenses remaining unpaid.
(4) The reimbursement coordinator may collect any amounts remaining unpaid on an itemized bill and any costs associated with the enforcement of the judgment and may enter into a contract with one or more public agencies or private vendors to collect any amounts remaining unpaid. For enforcing a judgment issued under this section, the reimbursement coordinator may assess an additional poundage fee of 2% of the amount remaining unpaid and may collect costs associated with the enforcement of the judgment.
(5) Neither the reimbursement coordinator nor the City shall enforce any judgment obtained under this section by means of execution against the prisoner's homestead. Any reimbursement received under this section shall be credited to the general fund of the treasury of City, to be used for general fund purposes.
(6) Reception fees and per diem charges may be paid in advance. Except in the case of automatic deduction of the reception fee and one day’s board from the prisoner’s property during initial processing, such payment shall be deemed to be a waiver by the prisoner of any right to contest such charges. Nothing in this paragraph shall be deemed to waive the right of the City to be reimbursed by the prisoner for other costs of confinement as described in paragraph (a) of this section.
(Ord. 2014-44. Passed 4-7-14.)