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(a) Pursuant to Ohio R.C. 307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56, 2929.15 and 2947.19, which are hereby incorporated herein by reference, the legislative authority of the Village hereby requires any person who is convicted of an offense other than a minor misdemeanor, and who is sentenced to confinement in the County Jail, to reimburse the Village for its expenses incurred by reason of the person's confinement, including, but not limited to, expenses relating to the provision of food, clothing and shelter. Such reimbursement shall include expenses for preconviction confinement when such confinement is credited against the term of imprisonment.
(b) The amount of the reimbursement required by this section 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, or thirty-five dollars ($35.00) for each day of confinement, whichever is less. The court shall consider all factors that affect the offender's financial ability to make the 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 whom 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 Treasury.
(e) If an offender does not pay to the Village the reimbursement ordered by the court pursuant to this section, the Village Solicitor may collect that claim or institute an appropriate civil action in the name of the Village in the Lorain County Court of Common Pleas to recover from the offender the reimbursement for the expenses of confinement as determined by the court. If an action is filed, it shall be brought not later than one year after the offender is released from incarceration. If it is deemed to lie in the best interests of the Village, the Village Solicitor may 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 offender is deemed to be acting in bad faith, vexatiously, wantonly and obdurately, and in any civil action on behalf of the Village to recover from the offender the reimbursement for the expenses of the offender's confinement, the Village Solicitor or his or her representative shall request an award of attorney's fees as part of the costs of the proceedings. The award of such attorney's fees shall be paid into the General Fund of the Village Treasury.
(Ord. 96-020. Passed 12-3-96.)