Electronic monitoring indigency fund – Account for ignition interlock devices – Account for other monitoring devices – Responsibility for costs to comply with ignition interlock requirements – Indigency

(a) As used in this section, unless the context otherwise requires: Ask a traffic law question, get an answer ASAP!Thousands of highly rated, verified traffic lawyers. Parking violations, accidents, DUI/DWI, licensing, registration, and more Protect your vehicle and your rights with expert legal help now (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.Department: means the department of revenue. See Tennessee Code 55-1-111Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCCMonth: means a calendar month. See Tennessee Code 1-3-105Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. See Tennessee Code 55-8-101transdermal monitoring device: means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (1/2) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device. See Tennessee Code 55-10-424United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105(1) “Alternative device” means a transdermal monitoring device, other alternative alcohol or drug monitoring device, or global positioning monitoring device; (2) “Eligible costs” means the costs paid from the fund that are associated with: (A) 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 in accordance with § 40-11-118(d)(1)(B), § 55-10-401, § 55-10-409(b)(2), § 55-10-409(d)(2), § 55-10-417(a)(1), § 55-10-417(k), and other applicable law for a person determined by the court to be indigent; or (B) The use, monitoring, and maintenance of an alternative device required pursuant to § 40-11-118(d)(2), § 40-11-152, § 55-10-402(d)(2)(A)(iii), § 55-10-402(h)(7), or any other applicable law for a person determined by a court to be indigent; (3) “Functioning ignition interlock device” has the same meaning as in § 55-10-411(h)(2); (4) “Fund” means the electronic monitoring indigency fund; (5) “Indigent” means a person who has been determined by a court to not possess sufficient means to pay for eligible costs applying the factors in subdivision (h)(4); (6) “Local government” means a county or metropolitan government; and (7) “Provider” means an ignition interlock provider, as defined in § 55-10-411(h)(3), and a provider of an alternative device. (b) There is created in the state treasury a fund known as the electronic monitoring indigency fund. The fund is composed of the following two (2) accounts: (1) The ignition interlock device account, which must pay for eligible costs for a functioning ignition interlock device that has been ordered by a court in accordance with applicable law; and (2) The alternative device account, which must pay for eligible costs for an alternative device that has been ordered by a court in accordance with applicable law. (c) The fund must be administered as follows: (1) The money in the two (2) accounts may be commingled for investment purposes but must be accounted for separately with separate accounting for each account’s principal and income; (2) The ignition interlock device account must contain state-appropriated monies and may contain a portion of the fees assessed in