(A) Pursuant to I.C. § 36-2-13-15, the Board hereby elects to implement the provisions of the Act, effective August 1, 1998.
(B) Pursuant to I.C. § 35-50-5-4 and 36-2-13-15, a court may order persons meeting the qualifications set forth in the Act, to execute a reimbursement plan as directed by the court and make repayments under the plan to the County for the cost permitted by the Act.
(C) The County Council of the county shall fix a per diem payable by the prisoners which is reasonably related to the average daily cost of housing a prisoner in the County’s facilities. Pursuant to the Act, the amount of reimbursement shall be the sum of:
(1) The lesser of such per diem determined by the Council or $30 per day multiplied by each day or part thereof that such person is lawfully detained for more than 6 hours;
(2) The direct cost of investigating whether the person is indigent; and
(3) The cost of collecting the amount for which the person is liable.
(D) The Board of Commissioners hereby directs the Sheriff of Cass County to collect and account for the prisoner reimbursement payments pursuant to the Act. If the Sheriff fails to collect such amount, the County Attorney is authorized to begin legal proceedings or take other actions to collect such amounts. The Board of Commissioners will consider the Sheriff’s recommendation with respect to an agreement or arrangement with a collection agency or similar entity to assist in said collection.
(E) The Board of Commissioners hereby establish a separate, non-reverting fund for the placement of the funds collected pursuant to the Act, to be designated as the “Cass County Prisoner Reimbursement Fund.” Such fund may be used for any purpose now or in the future permitted by law, which purposes include the operation, construction, repair, remodeling, enlarging and equipment of a county jail or a juvenile detention center.
(F) This section shall be in full force and effect upon its adoption.
(G) The per diem shall be reviewed at least annually but shall remain the same until changed by a future ordinance.
