SB 1097

Present law establishes the electronic monitoring indigency fund, the proceeds of which may be expended for the following eligible costs: ( 1) The lease, purchase, installation, removal, or maintenance of a functioning ignition interlock device or any other cost or fee associated with a functioning ignition interlock device required as a condition of bail, following a conviction for DUI, or p ursuant to another applicable law for a person determined to be indigent; or (2) The use, monitoring, and maintenance of an alternative device required following a conviction for DUI, or pursuant to another applicable law for a person determined to be i ndigent. A person who is ordered to install a device is indigent based on a judicial finding in which the court must consider nine factors concerning the person's income and wealth. Under present law, a provider may seek reimbursement from an applica ble account in the electronic monitoring indigency fund for eligible costs associated with providing an indigent person with an ignition interlock or alternative device. Present law requires that a person determined to be indigent pay a minimum of $30. 00 per month toward eligible costs for a functioning ignition interlock device or an alternative device. The remainder of the monthly eligible costs must be paid from the fund; provided, that the remaining monthly eligible costs must not exceed $170 per m onth. This bill makes the judicial test for indigency applicable only to persons ordered to use an alternative device and adds the person's investments as a tenth factor that the court must consider. For a person who is ordered to use a functioning ig nition interlock device, this bill requires the state treasurer to deem the person indigent if the person is either qualified to receive or is receiving funds on the date the person was ordered to use the device from SNAP, TANF, or the state medicaid prog r am. This bill adds the following to the process for submitting claims and invoices for reimbursement from the ignition interlock device account, or the alternative device account, for services provided to an indigent person: (1) The clerk of the court having jurisdiction over the person shall provide the state treasurer with proof that the person who has been ordered to use a functioning ignition interlock device qualifies for SNAP, TANF, or the state medicaid program. The person must provide the cle r k of the court with authorization and consent to obtain documentation demonstrating that, on the date that the person was ordered to use the device, the person is eligible to receive or is receiving funds from at least one such source; and (2) Providers of alternative devices must provide the respective local government with the affidavit of indigency, and any other information considered by the court to arrive at a determination that the person is indigent. Under present law, the provider is required t o provide the affidavit and information described in (2) as part of the reimbursement claim, regardless of whether the claim relates to an ignition interlock or alternative device.