§ 55-10-421 Interlock assistance fund; costs of ignition interlock device; indigent person

Codes > Tennessee Code > Title 55 > Chapter 10 : Part 4 > 55-10-421 Interlock

§ 55-10-421. Interlock assistance fund; costs of ignition interlock device; indigent person

    (a)(1) There is created in the state treasury a fund to be known as the interlock assistance fund. Except as provided in subsection (f), all money in such fund shall be used to pay for the costs associated with the lease, purchase, installation, removal and maintenance of such device or with any other cost or fee associated with a functioning ignition interlock device required by this part, of persons deemed by the court to be indigent. Moneys in the fund shall not revert to the general fund of the state, but shall remain available to be used as provided for in subsection (f).

        (2) Interest accruing on investments and deposits of the interlock assistance fund shall be credited to such account, shall not revert to the general fund, and shall be carried forward into each subsequent fiscal year.

        (3) Moneys in the interlock assistance fund account shall be invested by the state treasurer in accordance with § 9-4-603.

    (b) Except as otherwise provided in § 55-10-412(b)(2)(A), the costs incurred in order to comply with the ignition interlock
requirements shall be paid by the person ordered to install a functioning ignition interlock device, unless the court finds  such person to be indigent. If a court determines that a person is indigent, the court shall order such person to pay any portion of the costs which the person has the ability to pay, as determined by the court. Any portion of the costs the person is unable to pay shall come from the interlock assistance fund established pursuant to § 55-10-403(t).

    (c) Whenever a person ordered to install a device pursuant to § 55-10-403(c)(4), § 55-10-403(d)(4)(B), § 55-10-412(b) or § 55-10-412(m) asserts to the court that the person is indigent and financially unable to pay for a functioning ignition interlock device, it shall be the duty of the court to conduct a full and complete hearing as to the financial ability of the person to pay for such device and, thereafter, make a finding as to the indigency of such person.

    (d) A person is indigent and financially unable to pay for a functioning ignition interlock device if the person is receiving an annual income, after taxes, of one hundred eighty-five percent (185%) or less of the poverty guidelines updated periodically in the federal register by the United States department of health and human services under the authority of 42 U.S.C. § 9902(2).

    (e) Every person who informs the court that the person is financially unable to pay for a functioning ignition interlock device shall be required to complete an affidavit of indigency that is designed by the administrative office of the courts for purposes of assisting the court in making its determination pursuant to subsection (c). If the person intentionally misrepresents, falsifies or withholds any information required by the affidavit of indigency, such person commits perjury as set out in § 39-16-702.

    (f)(1) If at any time after January 1, 2011, there are no funds in the interlock assistance fund or the fund is depleted, any indigent person required to have a functioning ignition interlock device who is ordered to have such pursuant to:

            (A) Section 55-10-403(c)(4) or (d)(4)(B) shall be ineligible for a restricted license; or

            (B) Section 55-10-412(b)(1) or (m) shall be ineligible to have such person's license reinstated.

        (2) If at any time during the period in which an indigent person is not eligible for a restricted license or reinstatement of the person's motor vehicle operator's license due to subdivision (f)(1), such person may petition the court to have a portion or all of the costs of the ignition interlock device paid by funds from the interlock assistance fund if at any time funds become available.