HomeMy WebLinkAboutO-742ORDINANCE NO. / T
AN ORDINANCE TO PROVIDE THAT CERTAIN
CONVICTED DEFENDANTS IN ORDINANCE VIOLATION CASES
SHALL BE REQUIRED TO PAY CERTAIN COURT COSTS WHICH
SHALL BE USED TO REIMBURSE THE CITY FOR HOUSING
MAINTENANCE AND MEDICAL COSTS ASSOCIATED WITH THE
DEFENDANTS INCARCERATION IN THE CITY JAIL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
Section I. (a)(1). The Municipal Court shall require a
convicted defendant in a municipal ordinance case to pay
housing, maintenance and medical costs associated with that
defendant's incarceration in the City jail except as
otherwise herein provided. Such costs shall not exceed
twenty dollars ($20.00) per day that the defendant has been
incarcerated plus actual medical expenses incurred on behalf
of defendant. Such costs shall be taxed as costs of Court
and shall be in addition to any all other costs of Court.
(2). At the time of sentencing, such defendant may
petition the Court for remission of payment of these costs
or any portion thereof. If it appears to the satisfaction
of the Court that payment of the amount due will impose
manifest hardship on the defendant or his immediate family,
the Court my remit all or part of the amount due in such
costs.
( 3) . In determining the amount and method of payment
of these costs, the Court shall take in account the
financial resources of the defendant and the nature of the
burden that payment of the costs will impose. A defendant
who has been ordered to pay the housing, maintenance and
medical costs and who is not in contumacious default in the
payment thereof may at any time petition the Court which
sentenced him for remission of the payment of these costs or
any unpaid portion thereof. If it appears to the
satisfaction of the Court that payment of the amount due
will impose manifest hardship on the defendant or his
immediate family, the Court may remit all or part of the
amount due in such costs or modify the method of payment.
(b)(1) When a defendant is ordered to pay housing,
maintenance and medical costs, the Court may grant
permission for payment to be made in a specified period of
time or in specified installments. If permission is not
included in the order these costs shall be payable
forthwith.
(2) When a defendant, ordered to pay housing,
maintenance and medical costs is also placed on probation or
imposition or execution of sentence is suspended the Court
may make payment of the costs a condition of probation or
suspension of sentence.
(c) A default in the payment of the housing,
maintenance and medical costs or any installment thereof may
be collected by any means authorized by law for the
enforcement of a judgment.
(d) Moneys collected for the housing, maintenance and
medical costs of a convicted defendant in an ordinance case
shall be collected by the clerk of the sentencing court and
shall be payable to the city in whose jail the defendant was
incarcerated.
Section 2. All laws or ordinances or parts of laws or
ordinances which conflict with this Act are hereby repealed.
Section 3. If any part, section or subdivision of this
ordinance shall be held unconstitutional or invalid for any
reason, such holdings shall not be construed to invalidate
or impair the remainder of this ordinance which shall
continue in full force and effect notwithstanding such
holding.
Section 4. This ordinance shall take effect
immediately upon due adoption and publication as required by
law.
dopted and approved this p2SJ day of
1984.
CITY OF FAIRHOPE
By P ' /ti
JAME2rP. NIX
Mayo
ATTEST
By: o.
EVELYN P. PHILLIPS
City Clerk