A. Execution; Authority: All sentences of imprisonment shall be executed by the chief of police, and any person convicted of a violation of any ordinance of the city and sentenced to imprisonment shall be confined in the city jail, in the discretion of the court, for the time specified in the sentence; provided, however, the court may, in lieu of imprisonment, order the defendant to engage in a term of community service without compensation.
B. Copy Certificated: If, after conviction, judgment of imprisonment is entered, a copy thereof, certified by the court clerk, shall be delivered to the chief of police, the sheriff of the county or other appropriate police officer. Such copy shall be sufficient warrant for execution of the sentence.
C. Work On Public Property; Credit: All prisoners confined to jail on conviction or on plea of guilty may be compelled, if their health permits, to work on the public streets, avenues, alleys, parks, buildings or other public premises or property. For each day of such work, the prisoner shall be credited for serving one day of imprisonment under his sentence.
D. Supervision: The chief of police, subject to the direction of the city council, shall direct where the work shall be performed. The head of the department in charge of the place where the work is to be performed, himself, or some person designated by him, shall oversee the work. If a guard is necessary, the chief of police shall make provision therefor.
E. Payment Of Jail Costs By Inmate:
1. The court shall require a person who is actually received into custody at a jail facility or who is confined in a city or county jail or holding facility, for any offense, to pay the jail facility or holding facility the costs of incarceration, both before and after conviction, upon conviction or receiving a deferred sentence. The costs of incarceration shall be collected by the clerk of the court as provided for collection of costs and fines, which shall be subject to review under procedures set forth in rule 8.1 et seq., of the rules of Oklahoma court of criminal appeals and appendix A of this code. 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 chief of police for city jails and holding facilities, by the county sheriff for county jails or by contract amount, if applicable. In the event a person requires emergency medical treatment for an injury or condition that threatens life or threatens the loss of use of a limb prior to being actually received into the custody of any jail facility, the provisions of 21 Oklahoma Statutes section 533 shall apply to taking custody, medical care and cost responsibility. The cost of incarceration shall be paid by the court clerk, when collected, to the municipality, holding facility, county, or other public entity responsible for the operation of such facility where the person was held at any time. Except for medical costs, ten percent (10%) of any amount collected by the court clerk shall be paid to the municipal attorney's or district attorney's office, and the remaining amount shall be paid to municipality, the remaining amount shall be deposited with the public entity responsible for the operation of the jail facility where the person was held at any time. The court shall order the defendant to reimburse all actual costs of incarceration, upon conviction or upon entry of a deferred judgment and sentence unless the defendant is a mentally ill person as defined by 43A Oklahoma Statutes section 1-103. The chief of police shall give notice to the defendant of the actual costs owed before any court ordered costs are collected. The defendant shall have an opportunity to object to the amount of costs solely on the grounds that the number of days served are incorrect. If no objection is made, the costs may be collected in the amount stated in the notice to the defendant. The municipality or other public entity responsible for the operation of the jail may collect costs of incarceration ordered by the court from the jail account of the inmate. If the funds are insufficient to satisfy the actual incarceration costs ordered by the court, the municipality or other public entity responsible for the operation of the jail is authorized to collect the remaining balance of the incarceration costs by civil action. When the municipality or other public entity responsible for the operation of the jail collects any court ordered incarceration costs from the jail account of the inmate or by criminal or civil action, the court clerk shall be notified of the amount collected. (See appendix A of this code.)
2. Except as may otherwise be provided in 21 Oklahoma Statutes section 533, any offender receiving routine or emergency medical services or medications or injured during the commission of a felony or misdemeanor offense and administered any medical care shall be required to reimburse the municipality or other public entity responsible for the operation of the jail, the full amount paid by the municipality or other public entity responsible for the operation of the jail for any medical care or treatment administered to such offender during any period of incarceration or when the person was actually received into custody for any reason in that jail facility. The municipality or other public entity responsible for the operation of the jail may deduct the costs of medical care and treatment as authorized by 19 Oklahoma Statutes section 531. If the funds collected from the jail account of the inmate are insufficient to satisfy the actual medical costs paid, the municipality or other public entity responsible for the operation of the jail shall be authorized to collect the remaining balance of the medical care and treatment by civil actions.
3. Costs of incarceration shall be a debt of the inmate owed to the municipality, county, or other public entity responsible for the operation of the jail and may be collected as provided by law for collection of any other civil debt or criminal penalty.
4. The court shall not waive the costs of incarceration in their entirety. However, if the court determines that a reduction in the fine, costs, and costs of incarceration is warranted, the court shall equally apply the same percentage reduction to the fine, costs, and costs of incarceration owed by the defendant. (Ord. 2010-15, 6-1-2010)