(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 incorporated herein by reference, any person who is convicted of an offense other than a minor misdemeanor and is sentenced to confinement in the County Jail shall reimburse the City for its expenses incurred by reason of the offender'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 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.
The court shall consider all factors that affect the offender's financial ability to make reimbursement to the City. When the Municipal 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 Law Director may collect the claim or institute an appropriate civil action in the name of the City, either in the Madison County Municipal Court or the Madison County Court of Common Pleas, 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 Law Director 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, 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 or her confinement, the City Law Director or his or her 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. 215-95. Passed 11-2-95.)