(a) As part of the sentence for a conviction of any of the following offenses, in addition to any other penalty authorized by law, the court may order the person convicted to reimburse the City for expenses incurred in relation to that incident, including, but not limited to, expenses for an emergency response and expenses for prosecuting the person, as provided in this section:
(1) A violation of Section 410.03(UTC Section 5.15(1), (3), (4), (5), (6) or (7) or section 5.15m) of the Howell City Code.
(2) Felonious driving, negligent homicide, manslaughter, or murder resulting from the operation of a motor vehicle, snowmobile, ORV, aircraft, vessel or locomotive engine while the person was impaired by or under the influence of intoxicating liquor or a controlled substance, as defined in section 7104 of the Public Health Code, 1978 PA 368, MCL 333.7104, or a combination of intoxicating liquor and a controlled substance, or had an unlawful blood alcohol content.
(3) A violation of Section 82127 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.82127.
(4) A violation of Section 81134 or 81135 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.81134 and 324.8115.
(5) A violation of Section 185 of the Aeronautics Code of the State of Michigan, 1945 PA 327, MCL 259.185.
(6) A violation of Section 80176(1), (3), (4) or (5) of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.80176.
(7) A violation of Section 353 or 355 of the Railroad Code of 1993, 1993 PA 354, MCL 462.353 and 462.355.
(b) The expenses for which reimbursement may be ordered under this chapter include all of the following:
(1) The salaries or wages, including overtime pay, of City law enforcement personnel for time spent responding to the incident from which the conviction arose, arresting the person convicted, processing the person after the arrest, preparing response on the incident, investigating the incident and collecting and analyzing evidence, including determining the blood alcohol content and the presence and identity of controlled substances in the blood, breath or urine.
(2) The salaries, wages or other compensation, including overtime pay, of City fire department and emergency medical service personnel, including City volunteer fire-fighters or City volunteer emergency medical service personnel, for time spent responding to, and providing fire-fighting, rescue and emergency medical services in relation to, the incident from which the conviction arose.
(3) The cost of medical supplies lost or expended by the City fire department and emergency medical service personnel, including City volunteer fire-fighters or City volunteer emergency medical service personnel, in providing services in relation to the incident from which the conviction arose.
(c) If police department, fire department, or emergency medical service personnel from more than one unit of government incurred expenses as described in subsection (b)hereof, the court may order the person convicted to reimburse each unit of government for the expenses it incurred.
(d) The amount ordered to be paid under this chapter shall be paid to the clerk of the court, who shall transmit the appropriate amounts to the City to receive reimbursement. If not otherwise provided by the court under this subsection, the reimbursement ordered under this chapter shall be made immediately. However, the court may require that the person make the reimbursement ordered under this chapter within a specified period or in specified installments.
(e) If the person convicted is placed on probation or parole, any reimbursement ordered under this chapter shall be a condition of that probation or parole. The court may revoke probation and the parole board may revoke parole if the person fails to comply with the order and if the person has not made a good faith effort to comply with the order. In determining whether to revoke probation or parole, the court or parole board shall consider the person's employment status, earning ability, number of dependents, financial resources, the willfulness of the person's failure to pay, and any other special circumstances that may have a bearing on the person's ability to pay.
(f) An order for reimbursement under this chapter may be enforced by the prosecuting attorney of the State or the City attorney to received the reimbursement in the same manner as a judgment in a civil action.
(g) Notwithstanding any other provision of the chapter, a person shall not be imprisoned, jailed or incarcerated for a violation of parole or probation, or otherwise, for failure to make reimbursement as ordered under this chapter unless the court determines that the person has the resources to pay the ordered reimbursement and has not made a good faith effort to do so.
(h) The City may elect to be reimbursed for expenses under this chapter or 1998 PA 345. This subsection does not allow the City to be fully reimbursed more than once for any expenses incurred herein by the City.
(Ord. 695. Passed 9-13-99.)