(A) Payment of costs of confinement. Any person who is arrested for an offense within the corporate limits of the town and who, as a consequence, is incarcerated in the County Jail may be required by the Cave Creek Magistrate Court, hereinafter referred to as “Court,” to reimburse the town for its actual expenses incurred to the County by reason of such confinement.
(B) Waiver of costs of indigents.
(1) No person shall be required to pay the fee established by this section who is found by the Court to be indigent. Prior to determining that a person is indigent for purposes of this section, the Court shall require a sworn statement from the defendant seeking a waiver of the jail services recovery fee which includes, at minimum, the following information:
(a) All income received by the defendant from any source on a monthly basis.
(b) The defendant's monthly expenses.
(c) A list of assets owned by the defendant, including the estimated fair market value.
(d) A list of debts owed by the defendant.
(2) The fees required by this section shall be waived by the Court if the defendant establishes, by sworn statement or otherwise, that he or she receives assistance from one or more of the following government programs:
(a) The Aid to Families with Dependent Children Program (42 USC §§ 601 et seq.)
(b) The Food Stamp Program. (7 USC §§ 2011 et seq.)
(c) The General Assistance Program enacted pursuant to A.R.S. §§ 46-231 et seq.
(3) The Court may also waive the fees required by this section if the Court expressly finds that the defendant has an income which is insufficient or barely sufficient to meet the daily essentials of life and includes no surplus disposable income that could be budgeted for payment of the jail services recovery fee.
(4) The Court shall order the defendant to pay the required fee if, at any time prior to the entry of the final judgment, the Court determines after notice to the defendant and a hearing that the defendant no longer meets the eligibility requirements of division (2) above.
(5) A defendant who has been granted a waiver of the jail services recovery fee pursuant to division (2) above shall promptly notify the Court of any change in financial circumstances during the pendency of the action that affects defendant's ability to pay the fee.
(`87 Code, § 5-3-4(A), (B)) (Am. Ord. 91-22, passed 12-16-91; Am. Ord. 96-14, passed 10-21-96)
Statutory reference:
Determination of indigency, see Az. R. Crim. Proc., Rule 6.4