(A) The Town Municipal Court shall require a person who is actually received into custody at a jail facility of holding facility or who is confined in a town or county jail or holding facility, for any offense, to pay the town the costs it incurs in conjunction with the incarceration, both before and after conviction, upon conviction or receiving a deferred sentence.
(1) The costs of incarceration shall be collected by the Clerk of the Court as provided for collection of other costs and fines. 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 cost of the services and shall be determined by the Chief of Police for town 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 or use of a limb prior to being actually received into the custody of any jail facility, the provisions of 21 O.S. §533 shall apply to taking custody, medical care and cost responsibility.
(2) 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 O.S. § 1-103.
(a) The Municipal Court Clerk 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 is incorrect. If no objection is made within ten days of the defendant receiving notice of the actual costs owed by the Municipal Court Clerk as provided herein, the costs may be collected in the amount stated in the notice to the defendant.
(b) The costs of incarceration are due and owing to the town withing 30 days of the date the defendant receives notice of the costs, unless other payment arrangements are made with the Municipal Court Clerk. If an objection to the amount of costs is made as provided herein, the matter shall be set for hearing on the next date on which the Municipal Court has a scheduled docket. Notice of this, hearing shall be given to the defendant. At the conclusion of the hearing, the Municipal Judge shall enter an order relating to costs, which order shall be consistent with this section. The municipality is authorized to collect any remaining balance of the incarceration costs by civil action.
(B) Except as may otherwise be provided in 21 O.S. § 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 the full amount paid by the municipality 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 is authorized to collect any remaining balance of the medical care and treatment by civil actions.
(C) Costs of incarceration shall be a debt of the person owed to the municipality, and may be collected as provided by law for collection of any other civil debt or criminal penalty.
(D) Given the amount of monies the town is having to pay for incarceration fees, the Town Board of Trustees hereby deems that an emergency exists, and that an emergency measure is necessary for the immediate preservation of peace, health or safety, and that this section shall go into effect immediately upon its passage, approval and adoption.
(Ord. 081605, passed 8-16-2005)