(a) A person who has been convicted of an offense other than a minor misdemeanor and who is confined in the Ross County jail or the Chillicothe facility as provided in Ohio R.C. 1905.35, shall reimburse the City and the County for expenses incurred by reason of that confinement, including, but not limited to, the expenses relating to the provision of food, clothing, medical care and shelter. The amount of reimbursement shall be determined by a court at a hearing held pursuant to subsection (b) hereof.
(b) When a judge of the Chillicothe Municipal Court sentences a person under the Revised Ordinances of the City, to a term of imprisonment for an offense, other than a minor misdemeanor, the judge also shall hold a hearing to determine whether the person has the ability to pay the reimbursement. The person whose ability to pay is being determined shall have an opportunity to be heard and may be represented by counsel at the hearing. A record shall be made of the hearing. This hearing shall be dispensed with if the person has been considered an indigent throughout the particular proceeding.
(c) Reimbursable expenses shall include, but are not limited to, actual per diem expenses charged by any confinement facility and the expenses relating to the provision of food, clothing, medical care, and shelter to the person while imprisoned and during any time that the person is incarcerated before sentencing that are credited against his term of imprisonment. The reimbursement shall be made through the Municipal Court to the City, for expenses incurred during any time that the person serves in jail.
(d) Before holding a hearing on reimbursement or appointing counsel to represent the person at such a hearing pursuant to this section, the judge shall investigate or cause to be investigated, the person's ability to pay the reimbursement and possible reimbursement schedules and methods. The amount of reimbursement shall be determined at the hearing in light of the sentence of imprisonment given and according to the person's ability to pay. In determining the convicted person's ability to pay, all of the following shall be considered.
(1) The financial resources excluding the funds saved from wages derived from labor or employment during the period of incarceration of the incarceree.
(2) Any obligation to support dependents of the incarceree.
(3) Any obligation to make restitution to the victim of the offense .
(4) The income, assets, liabilities, ability to borrow, household expenses and any other factor that may affect the financial ability of the incarceree to make reimbursement.
(e) The Director of Law of the City may institute an appropriate civil action in the name of the City in a court of competent jurisdiction to recover from the person incarcerated any unpaid reimbursement for the expenses, plus interest and costs. Any amounts recovered shall be paid into the treasury of the City.
(Ord. 34-85. Passed 3-25-85.)
(Ord. 34-85. Passed 3-25-85.)