(a) Bail is security for the appearance of an accused to appear and answer to a specific criminal or quasi-criminal charge in any court or before any magistrate at a specific time or at any time to which a case may be continued, and not depart without leave. It may take any of the following forms:
(1) The deposit of cash by the accused or by some other person for the accused;
(2) The deposit by the accused or by some other person for the accused in form of bonds of the United States, this State, or any political subdivision thereof in a face amount equal to the sum set by the court or magistrate. In case of bonds not negotiable by delivery such bonds shall be properly endorsed for transfer.
(3) The written undertaking by one or more persons to forfeit the sum of money set by the court or magistrate, if the accused is in default for appearance, which shall be known as a recognizance.
(b) Whenever a person is charged with any offense other than a traffic offense that is not a moving violation and posts bail, the person shall pay a surcharge of twenty-five dollars ($25.00). The clerk of the court shall retain the twenty-five dollars until the person is convicted, pleads guilty, forfeits bail, is found not guilty, or has the charges dismissed. If the person is convicted, pleads guilty, or forfeits bail, the clerk shall transmit the twenty-five dollars ($25.00) on or before the twentieth day of the month following the month in which the person was convicted, pleaded guilty, or forfeited bail to the Treasurer of State, and the Treasurer of State shall deposit it into the indigent defense support fund created under Section 120.08 of the Ohio Revised Code. If the person is found not guilty or the charges are dismissed, the clerk shall return the twenty-five dollars ($25.00) to the person.
(c) All bail shall be received by the clerk of the court, deputy clerk of court, or by the magistrate, or by a special referee appointed by the Supreme Court pursuant to Section 2937.46 of the Ohio Revised Code, and, except in cases of recognizance, receipt shall be given therefor.
(d) The court, in which any person is convicted of or pleads guilty to any offense, shall impose the sum of one hundred dollars ($100.00) as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender.
(e) All moneys collected pursuant to this section shall be allocated as follows:
$20.00 - State General Fund $3.50 - Drug Enforcement
$10.00 - State General DSF $1.50 - Indigent Driver Alcohol Treatment
$9.00 - Victims of Crime $5.00 - Computer Fund
$5.00 - Indigent Defense $1.00 - City General Revnue
The court shall not waive the payment of the court costs required by this section, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender.
(f) In addition to any other costs which may be assessed for payouts in the Mayor's Court, there shall also be taxed as costs the value of services performed by officers or other employees of the City's Police Department or Marshal's office specified in Sections 311.17 and 509.15 of the Ohio Revised Code. Costs shall not exceed those listed in Sections 311.17 and 509.15 of the Ohio Revised Code. The Magistrate may assess additional fees in accordance with Sections 311.17 or 509.15 of the Ohio Revised Code to be taxed as costs for the applicable legal fees and any other extraordinary expenses, including overtime, provided for the service. Funds shall be paid into the General Fund of the City.
(Ord. 14-18. Passed 6-5-18.)
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