(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PERSON. An individual who is:
(a) Sentenced to lawful detention in a county for a felony or a misdemeanor;
(b) Subject to lawful detention in a county jail for a period of more than 72 hours;
(c) Not a member of a family that makes less than 150% of the federal income poverty level; and
(d) Not detained as a child subject to the jurisdiction of a juvenile court.
(B) Each person shall reimburse the county for the sum of the following amounts:
(1) The lesser of:
(a) The per diem amount specified by the County Council in an amount that is reasonably related to the average daily cost of housing a person in the county jail; or
(b) Thirty dollars multiplied by each day or part of a day that the person is lawfully detained in the county jail or lawfully detained under I.C. 35-33-11-3 for more than six hours; and
(2) The direct cost of investigating whether the person is indigent; and
(3) The cost of collecting the amount for which the person is liable under this section.
(C) The County Sheriff shall collect the amounts due from a person under this section in conformity with the procedures specified in this section under division (B) above. If the County Sheriff does not collect the amount due to the county, the County Attorney may collect the amount due. The Sheriff shall either present each person with a statement of the known reimbursement amounts upon the person’s release or mail a copy of the statement to the person following the person’s release. If the statement is not paid in full within 30 days of its presentment or mailing, the Sheriff may turn the matter over to County Attorney, a private attorney or a collection agency engaged by the Sheriff, for collection.
(D) The County Commissioners elect to establish a Non-Reverting County Prisoner Reimbursement Fund (I.C. 36-2-13-16) as follows.
(1) All amounts collected under this section must be deposited in the County Prisoner Reimbursement Fund.
(2) Any amount earned from the investment of amounts in the fund become part of the Fund.
(3) Notwithstanding any other law, upon appropriation by the county fiscal body amounts in the Fund may be used by the county only for the operation, construction, repair, remodeling, enlarging and equipment of:
(a) A county jail; or
(b) A juvenile detention center to be operated under I.C. 31-31-8 or I.C. 31-31-9.
(Ord. 07-02, passed 5-14-2007)