[Ord. No. 234, 8–9-2012]
(a) 
Reimbursement from inmates.
(1) 
The Charter Township of Royal Oak may seek reimbursement from any person who is or was a convicted inmate in the local jail or in a county jail for expenses incurred by the Township in relation to the incarceration of that person, as follows:
a. 
Not more than $60 per day for the expenses of maintaining that inmate or the actual per diem cost of maintaining that inmate, whichever is less, for the entire period of time the inmate was confined in the local jail, including any period of pretrial detention.
b. 
The per-day cost charged to the Township by a county for housing the inmate in that county's jail, but not more than $60 per day, for the entire period during which the inmate was housed in that county's jail.
c. 
The cost of providing medical treatment, prescription drugs, dental care, and other medical examination or procedures.
d. 
To investigate the financial status of the person.
e. 
Any other expenses incurred by the Township to collect payments under this section.
(2) 
Reimbursement under this section may be ordered as a probation condition entered pursuant to Section 3 of Chapter XI of the Code of Criminal Procedure, 1927 P.A. 175, MCL 771.3, as amended.
(3) 
Before seeking any reimbursement under this section, the Township shall develop a form to be used for determining the financial status of inmates. The form shall provide for obtaining the age and marital status of an inmate, number and ages of children of an inmate, number and ages of other dependents, type and value of real estate, type and value of personal property, cash and bank accounts, type and value of investments, pensions and annuities, and any other personalty of significant cash value. The Township shall use the form when investigating the financial status of inmates.
(b) 
Township Board's request for information. At, and in accordance with, the request of the Township Board, the Chief of Police or, if there is no Chief of Police, the Township Supervisor shall forward to the Board a list containing the name of each sentenced inmate and each pretrial detainee whose prosecution resulted in conviction from whom reimbursement may be sought under Subsection (a), the term of the sentence or the period of pretrial detention, and the date of admission to the local jail or a county jail, together with information regarding the financial status of each inmate, as required by the Township Board.
(c) 
Inmate cooperation.
(1) 
An inmate in the local jail or a county jail shall cooperate with the Township in seeking reimbursement under this section for expenses incurred by the Township for that inmate.
(2) 
An inmate who willfully refuses to cooperate as provided in Subsection (c)(1) shall not receive a reduction in his or her term under Section 7 of 1962 P.A. 60, MCL 801.257. If an inmate is ordered to reimburse the Township under this section as a probation condition entered pursuant to Section 3 of Chapter XI of the Code of Criminal Procedure, 1927 P.A. 175, MCL 771.3, the inmate is subject to probation revocation as provided in Section 4 of Chapter XI of the Code of Criminal Procedure, 1927 P.A. 175, MCL 771.4.
(d) 
Investigation of reports. The Township Board may investigate or cause to be investigated all reports under Subsection (b) furnished by the Chief of Police or Township Supervisor for the purpose of securing reimbursement as provided for under this section.
(e) 
Civil action for reimbursement.
(1) 
Within 12 months after the release from the local or county jail of a sentenced inmate or a pretrial detainee whose prosecution resulted in conviction, the Corporation Counsel may file a civil action to seek reimbursement from that person for maintenance and support of that person while he or she is or was confined in the jail, for costs charged to the Township by a county for housing that person in the county jail, and for any other expense for which the municipality may be reimbursed under Subsection (a), as provided for in this subsection and Subsections (f) to (h).
(2) 
A civil action brought under this section shall be instituted in the name of the Township and shall state the following, as applicable:
a. 
In the case of an inmate sentenced to the local or a county jail, the date and place of sentence, the length of time set forth in the sentence, the length of time actually served, and the amount or amounts due to the Township pursuant to Subsection (a)(1).
b. 
In the case of a person imprisoned as a pretrial detainee on a charge or charges that resulted in conviction, the length of pretrial detention and the amount or amounts due to the Township pursuant to Subsection (a)(1).
(3) 
Before entering any order on behalf of the Township against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children, or other dependents to whom the defendant is providing or has in fact provided support.
(4) 
The court may enter a money judgment against the defendant and may order that the defendant's property is liable for reimbursement for maintenance and support of the defendant as an inmate and for other expenses reimbursable under Subsection (a)(1).
(f) 
Enforcement of judgment.
(1) 
Consistent with Subsection (e), the Township may file the civil action in the District Court to recover a money judgment and to enforce that judgment in the same manner as other money judgments entered by the District Court. If the defendant is still an inmate in the local jail or a county jail or is a prisoner in a state correctional facility, venue in a district of the first class is proper in the county where the local jail, county jail, or state correctional facility is located and in a district of the second or third class venue is proper in the judicial district where the local jail, county jail, or state correctional facility is located.
(2) 
If necessary to protect the Township's right to obtain reimbursement under this section against the disposition of known property, the Township, in accordance with rules of the Supreme Court of this state, may seek issuance of an ex parte restraining order to restrain the defendant from disposing of the property pending a hearing on an order to show cause why the particular property should not be applied to reimbursement of the Township for the maintenance and support of the defendant as an inmate.
(3) 
To protect and maintain the property pending resolution of the matter, the court, upon request, may appoint a receiver.
(g) 
Prohibition on execution of judgment. The Township shall not enforce any judgment obtained under this section by means of execution against the homestead of the defendant.
(h) 
Information to be provided to Township Attorney. The sentencing judge and the Sheriff of any county in which an inmate's property is located shall furnish to the Township Attorney all information and assistance possible to enable the Township Attorney to secure reimbursement for the Township under this section.
(i) 
Township's use of reimbursements. The reimbursement secured under this section shall be credited to the general fund of the Township to be available for general fund purposes. The Township Treasurer may determine the amount due the Township under this section and render sworn statement thereof. These sworn statements shall be considered prima facie evidence of the amount due.