SB 1097 - HB 1343
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 14, 2025
Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564
SB 1097 - HB 1343
SUMMARY OF BILL: Removes the responsibility of the court to determine whether or not
a person is indigent for purposes of payment for the costs associated with an ignition interlock
device (interlock device). Establishes that the State Treasurer shall deem a person ordered to use an
interlock device to be indigent if the person is qualified to receive, or is receiving, funds from the
Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families
program (TANF), or the state Medicaid program, on the date the person was ordered to use the
device.
Requires the clerk of the court having jurisdiction over the person to provide to the State Treasurer
proof that a person ordered to use an interlock device qualifies for one or more of those benefits
programs in order to demonstrate the person is indigent. Requires the person to provide consent
for the clerk to obtain such proof. Makes minor revisions to the criteria for determining indigency
for persons ordered to wear an alternative monitoring device.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Pursuant to Tenn. Code Ann. § 55-10-419(h), the eligible costs incurred to comply with a
court order to use an ignition interlock or alternative monitoring device must be paid by the
person ordered to use the device unless the court determines the person to be indigent, in
which case the person must pay a minimum of $30 per month towards the costs, with the
remainder of the costs, up to a maximum of $170 per month, to be paid from the
Electronic Monitoring Indigency Fund (EMIF).
• Pursuant to Tenn. Code Ann. § 55-10-419(h)(4), when making a determination of indigency
in such cases, the court must consider:
o The income of the person, regardless of source, including, but not limited to,
governmental assistance or pensions;
o The person's monthly expenses;
o The number of other members of the person's household and any dependents;
o The person's employment status and education level;
o The person's ownership or equity in real or personal property or other assets;
o The person's debts;
o The amount of the appearance or appeal bond, whether the person has been able to
obtain release by making bond, and, if the person obtained release by making bond,
the amount of money paid and the source of the money;
SB 1097 - HB 1343 2
o The poverty level income guidelines compiled and published by the United States
Department of Labor; and
o Other circumstances presented to the court that the court finds to be relevant to the
issue of indigency.
• The proposed legislation replaces these criteria for persons ordered to use ignition interlock
devices, and removes the court’s responsibility to make a determination of indigency. It
establishes the new criteria of whether or not the person qualifies for, or is receiving,
benefits from SNAP, TANF, or Medicaid.
• The legislation maintains the courts’ responsibility for determining indigency for persons
ordered to wear alternative monitoring devices, and makes minor revisions to the existing
consideration criteria listed above. These revisions are not estimated to significantly impact
the courts’ responsibilities related to alternative monitoring cases, or any of the payments or
processes associated with those devices.
• For the court to make a determination of indigency, it often requires the court to hold a
separate hearing on the matter. For ignition interlock cases, any such hearings will no
longer be required.
• This is assumed to moderately reduce the burden on the court system; however, the overall
impact to the courts is estimated to be not significant.
• It is assumed that the clerks can accommodate the new responsibilities within existing
resources.
• The precise overlap between the existing criteria used by the court to determine indigency,
and the courts’ interpretations and determinations associated with those criteria, and the
new criteria related to the eligibility for certain benefits programs is not clear.
• Therefore, the precise impact, if any, the legislation will have on annual expenditures from
the EMIF is not known.
• It is assumed, however, that most, if not all, of the persons currently determined to be
indigent would also qualify for at least one of the relevant benefits programs.
• It is assumed to be possible that currently there are persons determined to be indigent in a
judge’s discretion under the existing criteria that would not qualify for one of the relevant
programs, and vice versa. However, those cases, if any, are assumed to be rare.
• Therefore, the total annual expenditures from the EMIF are assumed to remain mostly
consistent; any fiscal impact to the EMIF is estimated to be not significant.
• According to the Department of Treasury, the new process can be accommodated within
the department’s existing resources.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director