(a) Any person who is convicted of an offense under any section of the Codified Ordinances of the City of Tallmadge or any section of the Ohio Revised Code, other than a minor misdemeanor, and who is sentenced to and imprisoned in the Summit, Medina or Portage County Jail, or other facility shall reimburse the City of Tallmadge for its expenses incurred by reason of the prisoner’s confinement to the extent allowed by Ohio R.C. 2929.223.
(b) The duty to reimburse the City shall include all expenses incurred by the City, including but not limited to food, clothing, shelter, medical and/or psychiatric care, personal hygiene items and payments made to the Summit County or other governmental body for such confinement. Chargeable costs shall also include any period of incarceration before sentencing that is credited against the term of imprisonment and up to two hours of overtime costs the City incurred relating to the trial of the person.
(c) In any proceeding which is subject to this section, the Director of Law shall apply to the sentencing judge or magistrate for a determination, or the sentencing judge or magistrate may, on his own motion proceed to make a determination of the extent of the individual’s duty to reimburse the City for its expenses in confining him, pursuant to Ohio R.C. 2929.223. However, the maximum amount permitted by Ohio R.C. 2929.223 shall not apply. The actual amount to be paid shall not exceed the actual costs of confinement. The Prosecutor shall notify the Clerk of Courts in all cases where the sentencing judge or magistrate determines the individual has a duty to reimburse the City, and shall include the amount so ordered to be paid in such notice.
(d) The Police Chief shall maintain records of expenses chargeable to each prisoner, in accordance with a reasonable computation of the per capita cost of maintaining such prisoner, in addition to specific expense incurred on behalf of each prisoner. Upon each prisoner’s release, the Police Chief shall prepare a statement of such expense, and, in the event such expense equals or exceeds fifty dollars ($50.00), he shall cause such statement to be transmitted to the Director of Law.
(e) Upon receipt of both a statement which indicates a total expense of fifty dollars ($50.00) or more from the Police Department as to any individual formerly incarcerated, the Director of Law shall then apply to the court for the reimbursement if not previously ordered. The Clerk may, in his discretion, accept partial payments, or permit individuals to make periodic payments. Whenever the Clerk uses his own staff to collect such payments, bills may be sent by regular mail, and upon passage of thirty days from their being sent, if no acceptable response is made, the Clerk shall refer such matters to the City of Tallmadge Law Department for further collection efforts.
(f) The Clerk shall also refer matters to the Law Department for additional collection efforts where an individual fails to satisfactorily complete a payment plan or where a private collection agency has been unable to collect costs in matters referred to it. The Director of Law in all matters referred to him, shall determine the most appropriate procedure for collecting such unpaid expenses. All moneys collected pursuant to this section shall be placed only in the General Fund of the City.
(Ord. 134-1998. Passed 1-28-99.)