Skip to code content (skip section selection)
(a) The Village does hereby require any person who is convicted of an offense other than a minor misdemeanor and is sentenced to confinement in the County Jail to reimburse the Village for its expenses incurred by reason of the offender’s confinement, including, but not limited to the expenses relating to the provision of food, clothing, and shelter. 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 ordinance shall be determined by the court after a hearing held pursuant to Ohio R.C. 2929.15, or any subsequent amendment thereto. The amount of the reimbursement ordered by the court shall not exceed the actual costs of the confinement for each day of the confinement. The Court shall consider all factors that affect the offender’s financial ability to make reimbursement to the Village. When the Municipal Court or Mayor’s Court makes a reimbursement determination pursuant to Ohio R.C. 2929.15, a judgment entry and order of 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.
(e) If an offender does not pay to the Village the reimbursement ordered by the court pursuant to this ordinance, the Village Solicitor may collect that claim or institute an appropriate civil action in the name of the Village in the Clark County Common Pleas Court to recover from the convict the reimbursement for the expenses of confinement as determined by the court. If an action is filed it shall be brought no later than one year after the person is released from incarceration. If it is determined in the best interest of the Village, the Village Solicitor is authorized to compromise and settle such claim in an amount less than 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 convict is deemed to be acting in bad faith, vexatiously, wantonly, and obdurately and in any civil action on behalf of the Village to recover the reimbursement for the expense of his confinement the Village Solicitor or his representative shall request an award of attorney fees as part of the costs of the proceedings. The award of such attorney fees shall be paid into the general fund of the Village. (Ord. 98-10. Passed 5-26-98.)