(a) Any person who is convicted of an offense other than a minor misdemeanor and is sentenced to confinement in one of the county jails, or other secured facility, shall reimburse the Village of Bradford for its expenses incurred by reason of the offender’s confinement, including, but not limited to, the expenses relating to the provisions of food, clothing, shelter, medical, hospital, dental, orthodontia, optometry and/or other related expenses. Such reimbursement shall include expenses for pre-conviction confinement when credit for such confinement is credited against the term of imprisonment.
(b) The amount of the reimbursement required by this section shall be determined by the Mayor’s Court after a hearing held pursuant to Ohio R.C. 2929.223, or any subsequent amendment thereto. The amount of the reimbursement ordered by the Court shall not exceed the actual cost of the confinement. The court shall consider all factors that affect the offender’s financial ability to make reimbursement to the Village. When the Mayor’s Court makes a reimbursement determination pursuant to Ohio R.C. 2929.223, a judgment entry ordering reimbursement shall be filed and entered that sets forth the total amount of reimbursement due to the Village, and the reimbursement schedules and methods.
(c) This section shall not apply to offenders that the court finds to be indigent.
(d) Funds that are reimbursed to the Village pursuant to this section shall be paid into the general fund of the Village treasury.
(e) If an offender does not pay to the Village the reimbursement ordered by the court pursuant to this section, the Village Solicitor may collect that claim or institute an appropriate civil action in the name of the Village in the appropriate court of Common Pleas to recover from the offender such amount. If an action is filed, it shall be brought not later than one year after the person is released from incarceration. If it is deemed in the best interests of the Village, the Village Solicitor is authorized to compromise and settle such claim in an amount less that the total reimbursement due to the Village. If an offender does not comply with the reimbursement determination for expenses of confinement made by the court, then the offender is deemed to be acting in bad faith and, in any civil action on behalf of the Village to recover from the convict the reimbursement for the expenses of his confinement, the Village Solicitor or his representative shall request an award of attorney fees as part at the costs of the proceeding. The award of such attorney fees shall be paid into the general fund of the Village treasury.
(Ord. 01-10. Passed 8-9-01.)