(a) Whoever is convicted of a violation of or a failure to comply with any of the provisions of these Codified Ordinances, other than a minor misdemeanor, and is confined in a prison, jail, station house or other facility shall reimburse the City, upon motion of the government, for its expenses incurred by reason of the person's confinement, including, but not limited to, expenses relating to the provision of food, clothing, shelter and medical attention. The amount of such reimbursement shall be determined by a court as follows.
(b) If the court sentences a person to a term of imprisonment for such an offense, other than a minor misdemeanor, the judge thereof shall, upon motion of the government, hold a hearing to determine whether or not the person has the ability to pay the reimbursement. A person whose ability to pay is being determined shall have an opportunity to be heard and may be represented by counsel at the hearing, at his or her option. A record shall be made of the hearing.
(c) Reimbursable expenses, as set forth above, shall be those expenses incurred while the person is imprisoned, or incarcerated before sentencing, in a local jail or facility, which period of incarceration is credited against his or her term of imprisonment.
(d) Before holding a hearing on reimbursement pursuant to this section, the judge shall investigate or cause to be investigated the person's ability to pay the reimbursement and possible reimbursement schedules and methods. The amount of reimbursement shall be determined at the hearing in light of the sentence of imprisonment given and according to the person's ability to pay. However, the actual amount to be paid shall not exceed the actual costs of confinement or forty dollars ($40.00) for each day of confinement, whichever is less. In determining the convicted person's ability to pay, all of the following shall be considered:
(1) His or her financial resources, excluding funds saved from wages derived from his or her labor or employment during the period of incarceration;
(2) Any obligations of support for his or her dependents;
(3) Any obligation to make restitution to the victim of the offense of which he or she is convicted; and
(4) His or her income, assets, liabilities, ability to borrow, household expenses and any other factor that may affect his or her financial ability to make reimbursement.
(Ord. 85-26. Passed 4-15-85.)