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<br />M.T. MAYOR & COUNCIL <br />Page -2- <br />11/15/84 <br />criminal case determine whether or not the municipality prosecuting a <br />defendant has an ordinance requiring convicts to reimburse the munici- <br />pality for the costs of confinement. If the Judge determines that the <br />municipality does have such an ordinance and the Judge sentences that <br />person to a term of imprisonment for an offense other than a minor <br />misdemeanor, then the Judge must hold a hearing to determine whether <br />the person has the ability to pay the reimbursement costs. The <br />prisoner has the right to be heard at that hearing and may be <br />represented by counsel. This statute also mandates that prior to the <br />aforementioned hearing on reimbursement, the Judge must investigate or <br />cause to be investigated the person's ability to pay the reimbursement <br />and must also investigate possible reimbursement schedules and <br />methods. The amount of the reimbursement is to be determined at the <br />hearing in light of the sentence of imprisonment given, and according <br />to the person's ability to pay. The actual amount of reimbursement. <br />must not exceed the actual cost of confinement or the amount of 540.00 <br />for each day of confinement, whichever is less. In determining <br />whether or not the Defendant has the ability to pay the Court must <br />consider the following facts: <br />(a) His financial resources; <br />(b) Any obligations to support dependents; <br />(c) Any obligation to make restitution to the <br />victim of the offense for which he has been <br />convicted; <br />(d) His income, assets, liabilities, ability to borrow, <br />household expenses and any other factor that may <br />affect his financial ability to make reimbursement. <br />Based on the foregoing, it will be necessary, in implementing this <br />ordinance, to inform Judge Grogan of the Lyndhurst Municipal Court <br />that the Village now has a requirement for reimbursement for jail <br />costs by prisoners. From that day forward, if the Judge sentences any <br />defendant to jail time then he will have to also schedule a hearing to <br />determine the ability of the defendant to pay the reimbursement. <br />I hope that foregoing provides you with the information you are <br />seeking. If you have any questions, ~ase feel free to call. <br />Since el , <br />,~ <br />C. FENEL_1 erector of Law <br />Mayfield Village, Ohio <br />DCF : dmt <br />