(a) Pursuant to the sections of the Ohio Revised Code that are recited in the preamble hereto, which are incorporated by reference, the legislative authority of the municipal corporation, the City of Grandview Heights, Ohio, 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 City 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 preconviction confinement when credit for 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 forty dollars ($40.00) for each day of confinement, whichever is less. The Court shall consider all factors that affect the offender's financial ability to make reimbursement to the City. 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 City, 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 City pursuant to this section shall be paid into the General Fund of the City treasury.
(e) If an offender does not pay to the City the reimbursement ordered by the court pursuant to this section, the City Attorney may collect that claim or institute an appropriate civil action in the name of the City in the Franklin 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 not later than one year after the person is released from incarceration. If it is deemed in the best interests of the City, the City Attorney is authorized to compromise and settle such claim in an amount less than the total reimbursement due to the City. 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 City to recover from the convict the reimbursement for the expenses of his confinement the City Attorney 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 City treasury.
(Ord. 91-38. Passed 12-2-91.)