Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1097 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2		HOUSE BILL 1343
3	3		By Lamberth
4	4
5	5		SENATE BILL 1097
6		-	By ~~Stevens~~
	6	+	By Haile
7	7
8	8
9	9		SB1097
10	10		003214
11	11		- 1 -
12	12
13	13		AN ACT to amend Tennessee Code Annotated, Section
14	14		55-10-419, relative to the electronic monitoring
15	15		indigency fund.
16	16
17	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18		SECTION 1. Tennessee Code Annotated, Section 55-10-419(a)(2), is amended by
19	19		deleting the subdivision and substituting instead:
20	20		(2) "Eligible costs" means the costs that may be paid from the person or the
21	21		fund, subject to this section, and that are associated with:
22	22		(A) The lease, purchase, installation, removal, or maintenance of a
23	23		functioning ignition interlock device or any other cost or fee associated with a
24	24		functioning ignition interlock device required in accordance with § 40-11-
25	25		118(d)(1)(B), § 55-10-401, § 55-10-409(b)(2), § 55-10-409(d)(2), § 55-10-
26	26		417(a)(1), § 55-10-417(k), or other applicable law for a person determined to be
27	27		indigent; or
28	28		(B) The use, monitoring, and maintenance of an alternative device
29	29		required pursuant to § 40-11-118(d)(2), § 40-11-152, § 55-10-402(d)(2)(A)(iii), §
30	30		55-10-402(h)(7), or any other applicable law for a person determined by a court
31	31		to be indigent;
32	32		SECTION 2. Tennessee Code Annotated, Section 55-10-419(a)(5), is amended by
33	33		deleting the subdivision and substituting instead:
34	34		(5) "Indigent" means not having sufficient means to pay for eligible costs;
35	35		SECTION 3. Tennessee Code Annotated, Section 55-10-419(h), is amended by
36	36		deleting the subsection and substituting instead:
37	37
38	38
39	39		- 2 - 003214
40	40
41	41		(h)
42	42		(1) Notwithstanding another law to the contrary, the eligible costs
43	43		incurred to comply with a court order requiring the use of a functioning ignition
44	44		interlock device or an alternative device must be paid by the person ordered to
45	45		use the device, unless the person is determined to be indigent.
46	46		(2) A person determined to be indigent shall pay a minimum of thirty
47	47		dollars ($30.00) per month toward eligible costs for a functioning ignition interlock
48	48		device or an alternative device. The remainder of the monthly eligible costs must
49	49		be paid from the fund; provided, that the remaining monthly eligible costs must
50	50		not exceed one hundred seventy dollars ($170) per month.
51	51		(3) A court shall determine whether a person ordered to use an
52	52		alternative device is indigent by conducting a full and complete hearing to
53	53		determine the person's indigency, which may include financial statements made
54	54		by the person. All statements made by the person must be by written affidavit of
55	55		indigency created by the administrative office of the courts and sworn to before
56	56		the court. If the person intentionally misrepresents, falsifies, or withholds any
57	57		information in the affidavit of indigency, then the person commits perjury as set
58	58		out in § 39-16-702. When making a finding as to indigency under this section,
59	59		the court shall consider:
60	60		(A) The person's income, regardless of the source, including, but
61	61		not limited to, governmental assistance or pensions;
62	62		(B) The person's monthly expenses;
63	63		(C) The number of individuals residing in the person's household,
64	64		and whether any of them are the person's dependents;
65	65		(D) The person's employment status and education level;
66	66
67	67
68	68		- 3 - 003214
69	69
70	70		(E) The person's ownership or equity in real or personal property;
71	71		(F) The person's debts, liens, or encumbrances;
72	72		(G) The person's investments;
73	73		(H) The amount of the appearance or appeal bond, whether the
74	74		person has been able to obtain release by making bond, and, if the
75	75		person obtained release by making bond, the amount of money paid and
76	76		the source of the money;
77	77		(I) The poverty level income guidelines compiled and published
78	78		by the United States department of labor; and
79	79		(J) Other circumstances presented to the court that the court finds
80	80		to be relevant to the issue of indigency.
81	81		(4) The state treasurer shall deem a person ordered to use a functioning
82	82		ignition interlock device to be indigent if the person is either qualified to receive or
83	83		is receiving funds on the date the person was ordered to use the device from any
84	84		of the following sources:
85	85		(A) Supplemental nutrition assistance (SNAP) program;
86	86		(B) Temporary assistance for needy families (TANF) program; or
87	87		(C) State medicaid program.
88	88		SECTION 4. Tennessee Code Annotated, Section 55-10-419(j), is amended by deleting
89	89		the subsection and substituting the following:
90	90		(j)
91	91		(1) Providers of functioning ignition interlock devices shall submit claims
92	92		and invoices to the state treasurer for reimbursement from the ignition interlock
93	93		device account for an indigent person with eligible costs associated with a
94	94		functioning ignition interlock device. Providers of alternative devices shall submit
95	95
96	96
97	97		- 4 - 003214
98	98
99	99		claims and invoices to the respective local government for reimbursement from
100	100		the alternative device account for an indigent person with eligible costs
101	101		associated with an alternative device. Both type of claims must be:
102	102		(A) Submitted not later than ninety (90) calendar days after the
103	103		device has been order by the court;
104	104		(B) Accompanied by a court order requiring a device; and
105	105		(C) Submitted with an attestation from the provider for each claim
106	106		indicating that the charges contained in the claim are true and accurate
107	107		and do not contain duplicate claims or charges previously submitted for
108	108		reimbursement.
109	109		(2) The clerk of the court having jurisdiction over the person shall provide
110	110		the state treasurer with proof that the person who has been ordered to use a
111	111		functioning ignition interlock device qualifies for one (1) or more of the programs
112	112		listed in subdivision (h)(4), demonstrating the person is indigent. The person
113	113		must provide the clerk of the court with authorization and consent to obtain
114	114		documentation demonstrating that, on the date that the person was ordered to
115	115		use the device, the person is eligible to receive or is receiving funds from at least
116	116		one (1) of the sources listed in subdivision (h)(4).
117	117		(3) Providers of alternative devices shall provide the respective local
118	118		government with the affidavit of indigency, and any other information considered
119	119		by the court to arrive at a determination that the person is indigent.
120	120		SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.