608.19  RECOVERY OF COSTS OF CONFINEMENT.
   (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 for crimes committed before July 1, 1996, and Ohio R.C. 307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56, 2929.18, 2929.19(B) and 2929.223 for crimes committed after July 1, 1996, persons convicted of offenses and incarcerated therefor shall reimburse the City for the expenses incurred by reason of confinement.
   (b)   Any person who is convicted of any offense, other than a minor misdemeanor, and who 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, medical care and shelter.  Such reimbursement shall include expenses for reconviction confinement when credit for such confinement is credited against the term of imprisonment.
   (c)   The amount of reimbursement required by this section shall be determined by the court after a hearing held pursuant to Ohio R.C. 2929.15, 2929.18 or 2929.223.  The amount of reimbursement ordered by the court shall not exceed the actual costs of the confinement or as otherwise authorized in Ohio R.C. 2929.15, 2929.18 or 2929.223.  The court shall consider all factors that affect the offender's financial ability to make reimbursement to the City.
   (d)   This section shall not apply to offenders that the court finds to be indigent.
   (e)   Funds that are reimbursed to the City pursuant to this section shall be paid into the General Fund of the City Treasury.
   (f)   If an offender does not pay the City the reimbursement ordered by the court pursuant to this section, the Solicitor, as authorized by statute, may collect the claim or institute an appropriate civil action in the name of the City in the Summit County Common Pleas Court to recover from the convict reimbursement for expenses of his or her confinement as determined by the court.  If it is deemed to be in the best interest of the City, the Solicitor 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 made by the court for expenses of confinement, then the convict is deemed to be acting in bad faith, vexatiously, wantonly and obdurately, and in any civil action on behalf of the City to recover from the convict reimbursement for expenses of his or her confinement, the Solicitor or his or her representative shall request an award of attorney's fees as part of the costs of the proceeding in addition to the reimbursement.  The award of such attorney's fees shall be paid into the General Fund of the City Treasury.
(Ord. 26-1997.  Passed 4-28-97.)