(a) Every person who is convicted of an offense other than a minor misdemeanor violation of the Codified Ordinances of the Village, and who is confined in a prison, station house or county jail provided in Ohio R.C. 1905.35 shall be required to reimburse the Village for their expenses incurred by reason of said confinement, including, but not limited to: the expenses relating to the provision of food, clothing, and shelter in accordance with Ohio R.C. 2929.37, 753.02, 753.041, 753.16, 2301.56 and 2947.19.
(b) Reimbursement shall be determined by the court, including Mayor’s Court of the Village, at a hearing held pursuant to Ohio R.C. 2929.15 after the person is released from imprisonment to determine how the reimbursement and whether the offender has the ability to pay the reimbursement and the amount the person is able to pay. The offender shall have an opportunity to be heard and may be represented by counsel at the hearing at the offender’s option. A record shall be made of the hearing.
(c) Reimbursement expenses shall include but not be limited to the expenses relating to the provision of food, clothing, shelter, medical care, and personal hygiene products, including, but not limited to, toothpaste, toothbrushes and feminine hygiene items used by the offender while the offender is in prison and during any time that the offender is incarcerated before sentencing that is credited against the offender’s term of imprisonment and up to two hours overtime cost for the sheriff or municipal corporation incurred relating to the trial of the person.
(d) Before holding a hearing on reimbursement pursuant to subsection (b) of this section, the court shall investigate or cause to investigate the offender’s ability to pay the reimbursement and possible reimbursement scheduled and methods. The amount of the reimbursement shall be determined at the hearing in light of the sentence of imprisonment given and according to the offender’s ability to pay. However, the actual amount to be paid for reimbursement expenses other than medical expenses, shall be the actual cost of the confinement or a lesser amount determined pursuant to Ohio R.C. 753.02, 753.04, and 753.16. The actual amount to be paid for medical expenses shall not exceed 40% of those medical expenses. In determining the offender’s ability to pay the reimbursement, all the following shall be considered:
(1) The offender’s financial resources, excluding the funds saved from wages derived from the offender’s labor and employment during the course of incarceration.
(2) Any obligation to support the offender’s dependents;
(3) Any obligation to make restitution to the victim of the offense of which the offender is convicted;
(4) The offender’s income, assets, liability, ability to borrow, household expenses and any other factor that may affect the offender’s financial ability to make reimbursement.
(e) At the conclusion of the hearing held pursuant to this section, the court shall determine the amount of the reimbursement expenses owed by the offender who is the subject of the hearing in the amount that the offender is able to pay. If the court determines that the offender is able to pay any of the reimbursement expenses, the court shall issue a judgement against the offender in the amount of the reimbursement expenses that the offender is able to pay.
(f) Upon the authorization of the legislative authority of the Village, the Village Solicitor may pursue an appropriate civil action in the name of the municipal corporation, in the court of common pleas of the county in which the prison, station house or jail is located, to recover from the convict, the reimbursement for the expenses of his confinement in the prison, station house or county jail as determined by the court pursuant to Ohio R.C. 2929.19. Said action shall be brought within one year after the person is released from incarceration. The amount recovered shall be paid into the treasury of the municipal corporation.
(Ord. 851. Passed 4-5-03.)