(A) The county hereby adopts the provisions of I.C. 36-2-13-15.
(B) A person who is any of the following shall reimburse the county for the costs described in this section:
(1) Sentenced under I.C. 35-50 for a felony or a misdemeanor;
(2) Subject to lawful detention as defined in I.C. 35-31.5-2-186, for a period of more than 72 hours;
(3) Not a member of a family that makes less than 150% of the federal income poverty level; and
(4) Not detained as a child subject to the jurisdiction of a juvenile court.
(C) A person described in division (B) above shall reimburse the county in an amount not to exceed:
(1) The lesser of: the per diem amount specified under division (D) below; or $30, multiplied by each day or part of a day that the person is lawfully detained in a county jail or lawfully detained under I.C. 35-33-11-3 for more than six hours;
(2) The direct cost of investigating whether the person is indigent; and
(3) The cost of collecting the amount for which the person is liable under this section.
(D) The County Council hereby fixes the sum of $30 as the per diem amount for reimbursement, based upon the average daily cost of housing a person in the county jail. If the county transfers a person to another county for detention or to the Department of Correction under I.C. 35-33-11-3, the per diem shall equal the per diem charged to the county under I.C. 35-33-11-5.
(E) The County Sheriff shall collect the amounts due under this section in the following manner: Upon a person’s release, he or she shall be given a written statement of the reimbursement due and owing under this section. Payment in full shall be made at the county jail within 90 days after the person’s release. If the Sheriff does not collect the amount due, the County Attorney may collect the amount due.
(F) All amounts collected pursuant to this section shall be deposited in the non-reverting County Prisoner Reimbursement Fund.
(1) Money in that fund shall not revert to any other fund at the end of each fiscal year. Any amount earned from the investment of amounts in that fund becomes part of the fund.
(2) Upon appropriation by the County Council, amounts in the County Prisoner Reimbursement Fund may be used only for the operation, construction, repair, remodeling, enlarging and equipment of the county jail, but may not be used for salaries, wages or other personal service expenses.
(Council Ord. 1998-7, passed 6-15-1998)