(a) All persons convicted under an ordinance of the Municipality of an offense other than a minor misdemeanor and who are confined in a prison, jail, station, or other facility shall reimburse the Municipality for expenses incurred as a result of their confinement. Expenses incurred include, but are not limited to, the costs of the provision of food, clothing, shelter and medical expenses, accrued during the time of incarceration and during the time so served in a local jail or other facility.
(b) The amount of reimbursement to be made by each person shall be determined at a separate hearing, conducted pursuant to Ohio R.C. 2929.15. Before the hearing on reimbursement, the presiding Judge shall investigate or cause to be investigated the person’s ability to pay. The financial capabilities of the person are to be examined in light of the following factors’ however, such factors are not to be limited to:
(1) The financial resources, excluding the funds saved from wages derived from his labor or employment during the period of incarceration;
(2) Any obligation of support for his dependents;
(3) Any obligations to make reimbursement to the victim of the offense for which he is convicted;
(4) His income, assets, liabilities, ability to borrow, household expenses, and any other factors that may affect his ability to make reimbursement.
(c) The amount to be reimbursed to the Municipality shall be the actual cost of confinement, up to but not exceeding forty dollars ($40.00) per person per day, as the same may from time to time be determined by action of the Williams County Commissioners. At the present time, this amount is thirty dollars ($30.00) per day, plus any medical expenses.
(d) The Solicitor, upon authorization of the government, shall institute an appropriate civil action, as deemed necessary, in the name of the Municipality, in the Court of Common Pleas to recover from all and any persons incarcerated in a jail, prison, station, or other facility, the confinement of which renders the Municipality liable for care, maintenance, and support; the amount determined by a court, pursuant to Ohio R.C. 2929.15. The action shall be brought within one (1) year after the release of a person so incarcerated. The amount recovered shall be paid into the treasury of the Municipality. (Ord. 490. Passed 9-23-85.)