Present law establishes the electronic monitoring indigency fund. This fund is composed of the ignition interlock device account, which pays eligible costs for a functioning court-ordered ignition interlock device, and the alternative device account, which pays eligible costs for an alternative court-ordered device. Providers of functioning ignition interlock devices and alternative electronic devices must submit claims and invoices to the state treasurer or respective local government for reimbursement from the indigency fund. This bill requires the person ordered to use an ignition interlock device to provide the selected provider and the clerk of court that has jurisdiction over the person with (i) documentation demonstrating the person is qualified to receive funds on the date the person was ordered to use the device, and (ii) an authorization for the state treasurer to obtain or access documentation from state or federal agencies verifying the person is qualified to receive funds. Further, this bill requires providers of ignition interlock devices and alternative electronic devices to provide (i) the state treasurer with the documentation demonstrating a person is eligible to receive funds, and (ii) the respective local government with the affidavit of indigency, and other information considered by the court to determine whether the person is indigent, for a person ordered to use an alternative device. This bill authorizes the state treasurer to enter into a memorandum of understanding with the state agencies responsible for administering the supplemental nutritional assistance program, the temporary assistance for needy families program, or the state medicaid program for the purposes of verifying whether a person is eligible to receive funds. The appropriate state agencies must cooperate with the exchange of documentation or information, as permitted by law.

Statutes affected:
Introduced: 55-10-419(j), 55-10-419