(a) At a rate of $60 per day or its actual daily cost of safekeeping and maintaining the person, whichever is less, multiplied by the total number of days the person was confined to the local correctional facility, including, but not limited to, any period of pretrial detention; and
(b) For any other charges or expenses that the county or city is entitled to recover under ORS 169.150.
(2) The county or city may seek reimbursement for expenses as provided in subsection (1) of this section by filing a civil action no later than six years after the person from whom reimbursement is sought is released from the local correctional facility.
(3) When a person is found liable for expenses described in subsection (1) of this section and an amount is determined, the court shall, before entering a judgment against the person, allow the person to present evidence on the issue of the person’s ability to pay. When a person presents such evidence, the court shall determine the person’s ability to pay taking into consideration:
(a) The financial resources of the person and the burden that payment will impose on the person in providing basic economic necessities to the person or the person’s dependent family; and
(b) Any other monetary obligations imposed upon the person by the court as a result of the conviction for which the person was committed to the local correctional facility.
(4) The court, and not a jury, shall determine the defendant’s ability to pay under subsection (3) of this section.
(5) Upon the conclusion of a proceeding under subsection (3) of this section, the court may enter a judgment:
(a) Of dismissal if the court finds that the person lacks the ability to pay;
(b) For less than the full amount determined if the court finds that the person has the ability to pay a portion of the amount; or
(c) For the full amount determined, plus costs and disbursements, if the court determines the person has the ability to pay.
(6) Any reimbursements collected under this section must be credited to the general fund of the county or city to be available for general fund purposes. [1997 c.349 §2; 1999 c.801 §2; 2009 c.783 §15]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 169 - Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities
Section 169.005 - Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800.
Section 169.040 - Inspection of local correctional facilities.
Section 169.042 - Maximum facility population; recommendation.
Section 169.044 - Action on recommendation.
Section 169.055 - Contracts with Department of Corrections for county prisoners awaiting sentencing.
Section 169.076 - Standards for local correctional facilities.
Section 169.077 - Standards for lockup facilities.
Section 169.078 - Standards for temporary hold facilities.
Section 169.110 - Time credit for good behavior.
Section 169.115 - Temporary leave; rules.
Section 169.120 - Credit for work.
Section 169.150 - Payment of expenses of keeping prisoners; health care fees.
Section 169.151 - Expenses of keeping prisoners; reimbursement from prisoners; amounts; procedures.
Section 169.155 - Definitions for ORS 169.155 and 169.166.
Section 169.166 - Liability for costs of medical services.
Section 169.320 - Control over prisoners; work by prisoners.
Section 169.340 - Liability for escape of defendant in a civil action.
Section 169.630 - Joint establishment or operation of facilities; agreement.
Section 169.635 - Provision of personal hygiene products.
Section 169.640 - Status of facility for custody of misdemeanants and violators.
Section 169.681 - Limit on telephone service provider fee or commission; quarterly report; rules.
Section 169.685 - Inmate Welfare Fund Account.
Section 169.730 - Definitions for ORS 169.740 to 169.760.
Section 169.740 - Standards for juvenile detention facilities.
Section 169.750 - Restrictions on operation of juvenile detention facilities.
Section 169.760 - Juvenile detention facilities to establish written policy.