Electronic Monitoring Indigency Fund —
Account for Ignition Interlock Devices — Account for Other Monitoring Devices
— Responsibility for Costs to Comply With Ignition Interlock Requirements — Indigency
Electronic Monitoring Indigency Fund —
Account for Ignition Interlock Devices — Account for Other Monitoring Devices
— Responsibility for Costs to Comply With Ignition Interlock Requirements — Indigency
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There is created in the state treasury a fund known as the electronic monitoring indigency fund. The fund shall be composed of two (2) accounts, each of which shall be used for one (1) of the following purposes:
The eligible costs associated with the lease, purchase, installation, removal, and maintenance of ignition interlock devices or with any other cost or fee associated with a functioning ignition interlock device required by this part for persons determined by the court to be indigent; and
The eligible costs associated with the use of a transdermal monitoring device, other alternative alcohol or drug monitoring device, or global positioning monitoring device, if required by the court pursuant to § 40-11-152, § 55-10-402(d)(2)(A)(iii) or (h)(7), or any other statute specifically authorizing payment under this section, for persons determined by the court to be indigent.
The money in the two (2) accounts created by subdivision (a)(1)(A)(i) may be commingled for investment purposes, but will be accounted for separately with separate accounting for each account's principal and income. The account for ignition interlock devices shall contain state-appropriated monies as well as a portion of the fees assessed in accordance with this section and as provided in other applicable law. The account for other monitoring devices, as provided in subdivision (a)(1)(A)(i)(b ), shall contain excess funds from the ignition interlock account as well as money from each local government that chooses to utilize this fund, and may contain state-appropriated monies. The treasurer is authorized to transfer money from one (1) account to the other to pay for eligible devices.
Notwithstanding subdivision (a)(1)(A), no more than two hundred dollars ($200) per month shall be expended from the fund to pay the costs associated with an indigent person's interlock ignition device, pursuant to subdivision (a)(1)(A)(i)(a ), or other monitoring device pursuant to subdivision (a)(1)(A)(i)(b ).
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 subdivision (a)(1).
Interest accruing on investments and deposits of the electronic monitoring indigency fund shall be credited to such account, shall not revert to the general fund, and shall be carried forward into each subsequent fiscal year.
Moneys in the electronic monitoring indigency fund account shall be invested by the state treasurer in accordance with § 9-4-603.
Except as otherwise provided in § 55-10-409(b)(2)(D), 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 electronic monitoring indigency fund established pursuant to subsection (a).
Whenever a person ordered to install a device pursuant to § 55-10-409(b)(2), § 55-10-409(d)(2), § 55-10-417(a)(1) or § 55-10-417(k) 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.
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).
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.
In the event that the state treasurer determines or anticipates that the electronic monitoring indigency fund has or will have insufficient funds to pay for eligible claims or invoices as they are received, the state treasurer is authorized to stop accepting, determining eligibility for, or paying claims or invoices submitted by providers of ignition interlock devices, transdermal monitoring devices, other alternative alcohol or drug monitoring devices, or global positioning monitoring devices for a period of time determined by the state treasurer. The state treasurer may begin accepting or paying claims or invoices submitted by providers of ignition interlock devices, transdermal monitoring devices, other alternative alcohol or drug monitoring devices, or global positioning monitoring devices with service dates on or after the date on which the state treasurer determines that there is a sufficient amount of money in the fund. The state treasurer shall notify providers and the administrative office of the courts of the anticipated date that provider claims and invoices will be accepted and paid from the fund again. The state treasurer may establish an order of priority for paying claims and invoices from the fund after the period of insolvency.
All proceeds collected pursuant to §§ 55-10-413(a) and 69-9-219(c)(9) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund.
The fees assessed pursuant to §§ 55-10-413(a) and 69-9-219(c)(9) shall be allocated as follows:
Thirty dollars and fifty cents ($30.50) to the electronic monitoring indigency fund for the purpose of paying for the following for persons found to be indigent by the court:
All the costs associated with the lease, purchase, installation, removal, and maintenance of a functioning ignition interlock device or with any other cost or fee associated with a functioning ignition interlock device required by this part;
All the costs associated with the use of a transdermal monitoring device, other alternative alcohol or drug monitoring device, or global positioning monitoring device, if required by the court pursuant to § 40-11-152 or § 55-10-402(d)(2)(A)(iii) or (h)(7); and
All the administrative costs incurred by the department of treasury in administering the electronic monitoring indigency fund;
Four dollars fifty cents ($4.50) to the Tennessee Hospital Association for the sole purposes of making grants to hospitals that have been designated as critical access hospitals under the Medicare rural flexibility program for the purposes of purchasing medical equipment, enhancing high technology efforts and expanding healthcare services in underserved areas;
One dollar twenty-five cents ($1.25) to the department of mental health and substance abuse services to be placed in the alcohol and drug addiction treatment fund;
One dollar twenty-five cents ($1.25) to the department of safety, Tennessee highway safety office, for the sole purpose of funding grant awards to local law enforcement agencies for purposes of obtaining and maintaining equipment and personnel needed in the enforcement of alcohol related traffic offenses;
One dollar twenty-five cents ($1.25) to the department of safety to be used to defray the expenses of administering this part; and
One dollar twenty-five cents ($1.25) to the department of finance and administration, office of criminal justice programs, for the sole purpose of funding grant awards to halfway houses whose primary focus is to assist drug and alcohol offenders. In order for a halfway house to qualify for such grant awards it shall provide:
No less than sixty (60) residential beds monthly with occupancy at no less than ninety-seven percent (97%) per month, or if a halfway house with nonresidential day reporting services, it shall serve no less than two hundred (200) adults monthly;
Safe and secure treatment facilities, and treatment to include moral recognition therapy, GED course work, anger management therapy, and domestic and family counseling; and
Transportation to and from work, mental health or medical appointments for each of its residents.
Beginning in fiscal year 2013-2014, any surplus in the electronic monitoring indigency fund shall be allocated as follows:
Fifty percent (50%) of such surplus shall be transmitted to the department of mental health and substance abuse services and placed in the alcohol and drug addiction treatment fund; and
Fifty percent (50%) of such surplus shall be used by the department of safety, Tennessee highway safety office, to provide grants to local law enforcement agencies for purposes of obtaining and maintaining equipment or personnel needed in the enforcement of alcohol-related traffic offenses.
Beginning on July 1, 2013, and annually thereafter, the treasurer shall conduct an analysis to determine the solvency of the electronic monitoring indigency fund. The treasurer may declare a surplus if the analysis determines that there is a balance in excess of the amount necessary to maintain the solvency of the fund, and shall report the amount of any surplus to the commissioner of finance and administration for inclusion in the annual budget document prepared pursuant to title 9, chapter 4, part 51.
For purposes of this section, “previous year” means from January 1 to December 31 of the year immediately preceding the February 1 reporting date.
The money in the electronic monitoring indigency fund's ignition interlock account shall be used to pay for eligible costs associated with ignition interlock devices, and the money in the account for transdermal monitoring devices, other alternative drug and alcohol monitoring devices, and global positioning monitoring devices shall pay for eligible costs associated with such devices, subject to the treasurer's ability to transfer funds between the two (2) accounts. Periodically, the treasurer shall determine whether there is excess money in the fund's ignition interlock account that may be transferred to the account for transdermal monitoring devices, other alternative drug and alcohol monitoring devices, and global positioning monitoring devices to pay for costs associated with such devices. If there is no excess money, the treasurer shall not pay eligible claims or invoices for transdermal monitoring devices, other alternative drug and alcohol monitoring devices, and global positioning monitoring devices until there is excess money in the ignition interlock account to be transferred to the transdermal monitoring device, other alternative drug and alcohol monitoring device, and global positioning monitoring device account, or until the state appropriates monies in the transdermal monitoring device, other alternative drug and alcohol monitoring device, and global positioning monitoring device account.
No later than a date certain established by the treasurer, each local government shall have the option to participate in the transdermal monitoring device, other alternative drug and alcohol monitoring device, and global positioning monitoring device account by having the costs for eligible devices paid from the fund for each local government's indigent defendants. The local government shall demonstrate participation through a resolution legally adopted and approved by the local government's legislative body providing acceptance of the liability associated with participation and containing the maximum liability that the local government commits to its participation in the fund. For each subsequent year of participation and no later than a date certain established by the treasurer, the local government shall notify the treasurer of the budgeted amount that is approved for participation in the fund within thirty (30) days from when a budget is approved by the local legislative body and shall provide a copy of the approved budget to the treasurer. The state will provide funds matching each local government's maximum liability or budgeted amount for participation in the fund, subject to an appropriation by the state. Each participating local government will pay fifty percent (50%) of the costs associated with transdermal monitoring devices, other alternative drug and alcohol monitoring devices, and global positioning monitoring devices for indigent defendants within the local government's jurisdiction, and the state will match the local government's cost by providing the other fifty percent (50%) of funding.
In obtaining money from participating local governments, the state may either bill the local governments for costs associated with eligible devices or draw revenue from the local government's state-shared taxes.
In paying claims or invoices for indigent defendants in a participating city or county, the state shall only pay for the costs associated with transdermal monitoring devices, other alternative drug and alcohol monitoring devices, and global positioning monitoring devices when the local government has remitted fifty percent (50%) of the total eligible costs to the state.
A local government may withdraw from participation in the transdermal monitoring device, other alternative drug and alcohol monitoring device, and global positioning monitoring device account at any time and reenter as a participant within the time frame established by the treasurer. After a local government's withdrawal from participation, the local government shall continue to pay all outstanding liabilities for eligible devices.
The electronic monitoring indigency fund shall be administered by the treasurer. Through the administration of the fund, the treasurer shall have the authority to:
Determine that the money is paid out of the fund for eligible devices and offenses pursuant to applicable laws and rules; and
Promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the administration of the fund.
For the efficient administration of the fund, providers of ignition interlock devices, transdermal monitoring devices, other alternative drug and alcohol monitoring devices, and global positioning monitoring devices shall:
Submit a claim to the treasurer electronically on a form prescribed by the treasurer no later than ninety (90) calendar days after the device has been ordered by the court accompanied by:
The court order requiring the device;
The affidavit of indigency; and
An attestation from the provider for each claim indicating that the charges contained in the claim are true and accurate and do not contain duplicate claims or charges previously submitted to the treasurer for reimbursement;
Submit invoices to the treasurer no later than one hundred eighty (180) calendar days from the date of service;
Submit amendments to documents previously submitted or new documentation in support of a claim or invoice to the treasurer no later than ninety (90) calendar days after the provider's receipt of the amended or new documentation; and
Submit any additional information or complete any additional forms requested by the treasurer.
The provider shall ensure that the court orders submitted to the treasurer do not contain handwritten changes and are submitted on a uniform court order prescribed by the treasurer.
If a provider filing a claim or invoice for reimbursement from the fund knowingly makes a false, fictitious, or fraudulent statement or representation, or knowingly submits false, fictitious, or fraudulent documentation or information to the treasurer for reimbursement, the provider may be liable under the False Claim Act, compiled in title 4, chapter 18.
If a provider is overpaid from the fund for any reason, the treasurer is authorized to exercise a right of set-off against any amount due to the provider from the fund.