A. The city attorney shall ask the court to require a person confined in the city jail or county jail as a city prisoner for any municipal offense, to pay the jail facility the costs of incarceration, both before and after conviction, upon conviction or receiving a deferred sentence. Costs of incarceration shall include booking, receiving and processing out, housing, food, clothing, medical care, dental care and psychiatric services. The costs for incarceration shall be an amount equal to the actual cost of the services and shall be determined by the Okmulgee chief of police for the city jail, the jail administrator of the county jail operated by the Okmulgee County criminal justice authority or its successor(s) as the public entity responsible for the operation of the county jail or by contract amount, if applicable. The cost of incarceration shall be paid by the city prisoner to the city or to the Okmulgee County criminal justice authority or its successor(s) as the public entity responsible for the operation of the county jail, where the person is held before and after conviction.
B. The costs of incarceration shall not be assessed if, in the judgment of the court, such costs would impose a manifest hardship on the person, or if in the opinion of the court the property of the person is needed for the maintenance and support of immediate family.
C. In cases where a city prisoner is confined in the county jail for a municipal offense, the city prisoner shall be deemed by the city to be confined in the city jail for purposes of compliance with title 11, Oklahoma Statutes, section 14-113. Payment of the cost of incarceration in such cases shall be made by the city prisoner to the Okmulgee County criminal justice authority as the public entity responsible for the operation of the county jail. To the extent that the cost of incarceration of a city prisoner confined in the county jail for a municipal offense is paid by a city prisoner to the Okmulgee County criminal justice authority, the amount so paid shall offset and decrease the amount of money, if any, owed by the city to the Okmulgee County criminal justice authority for any cost of city prisoner incarceration.
D. The city attorney is authorized to ask the court to require a person confined in the city jail or county jail as a city prisoner, for any municipal offense, to pay the jail facility the costs of incarceration, on a case by case basis or by way of a standing request in writing to include all cases.
E. At any time prior to sentencing, the convicted defendant may be required to reimburse the jail facility for the costs of incarceration prior to release from the facility. (Ord. 1831 § 1, 2003)