(a) Pursuant to Ohio R.C. 753.02, the Municipality is permitted to require persons convicted of offenses other than minor misdemeanors who are incarcerated to reimburse the Municipality for the expenses incurred by reason of such incarceration.
(b) The costs of confinement may include, but are not limited to, the costs of repairing property damaged by the prisoner while confined, a per diem fee for room and board, medical and dental treatment costs, the fee for a random drug test assessed under Ohio R.C. 341.26(E) and Ohio R.C. 753.33(E), and a one-time reception fee for the costs of processing the prisoner into the facility at the time of the prisoner's initial entry into the facility under the confinement in question, minus any fees deducted under Ohio R.C. 2929.38.
(c) Division (a) of this section shall not apply to offenders that the court finds to be indigent.
(d) Funds that are reimbursed to the Municipality pursuant to this section shall be paid into the general fund of the Municipality.
(e) If the offender does not pay to the Municipality the reimbursement ordered by the court pursuant to this section, the City Director of Law may collect the claim or institute and appropriate civil action in the name of the Municipality in the courts of Auglaize County, Ohio, to recover from the offender the reimbursement for the expenses of confinement as determined by the court. If an action is filed, it shall be brought no later than one year after the person is release from incarceration. If it is deemed in the best interest of the Municipality, the City Director of Law is authorized to compromise and settle such claim in an amount less than the total reimbursement due to the Municipality. If an offender does not comply with the reimbursement determination for expenses of confinement made by the court, then the offender is deemed to be acting in bad faith, and wantonly, and in any civil action on behalf of the Municipality to recover from the offender the reimbursement for the expenses of his or her confinement, the City Director of Law shall request an award of attorney fees as part of the cost of the proceedings. The award of such attorney fees shall be paid into the general fund of the Municipality treasury.
(Ord. 2015-45. Passed 11-16-15.)