§ 32.26 LAWFUL DETENTION FEES.
   (A)   For the purpose of this section, LAWFUL DETENTION has the meaning set forth in I.C. 35-31.5-2-186.
   (B)   A person who is: Sentenced under I.C. 35 for a felony or a misdemeanor; subject to lawful detention in a county jail for a period of more than six hours; not a member of a family that makes less than 150% of the federal income poverty level; and not detained as a child subject to the jurisdiction of a juvenile court shall reimburse the county for the costs described in divisions (C) and (D) below.
   (C)   A person described in division (B) above shall reimburse the county for the sum of the following amounts:
      (1) The lesser of:
         (a)   The per diem amount specified in division (D) below; or
         (b)   $50, multiplied by each day or part of a day that the person is lawfully detained in a county jail or lawfully detained under I.C. 35-33-11-3 for more than six hours.
      (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 division (B) above.
   (D)   (1)   The County Council has fixed the per diem described in division (C)(1)(a) above in the amount of $45 that is reasonably related to the average daily cost of housing a person in a county jail.
      (2)   If the county transfers the person to another county or the Department of Correction under I.C. 35-33-11-3, the per diem is equal to the per diem charged to the county under I.C. 35-33-11-5.
   (E)   The County Sheriff shall collect the amounts due from a person under this section in conformity with the procedures specified in this section. If the County Sheriff does not collect the amount due to the county, the County Attorney may collect the amount due.
   (F)   A Non-Reverting Prisoner Reimbursement Fund is hereby established as follows:
      (1)   All amounts collected pursuant to this section shall be deposited in the county’s Prisoner Reimbursement Fund;
      (2)   Any amount earned from the investments of amounts in the Fund becomes part of the Fund; and
      (3)   Notwithstanding any other law, upon appropriation by the County Council, amounts in the Fund may be used by the county for:
         (a)   Operating, constructing, repairing, remodeling, enlarging or equipping:
            1.   A county jail; or
            2.   A juvenile detention center to be operated under I.C. 31-31-8 or I.C. 31-31-9.
         (b)   The costs of care, maintenance housing of prisoners, including the cost of housing prisoners in the facilities of another county.
(Council Ord. 2001-08-24, passed 8-24-2001)