2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:307.1. Ignition interlock affordability

RS 15:307.1 - Ignition interlock affordability
A. The Department of Public Safety and Corrections, office of state police shall promulgate rules and regulations to establish and monitor compliance with an ignition interlock affordability plan for individuals that demonstrate economic hardship who are required to install an ignition interlock device.
B. The requirement to demonstrate economic hardship shall be satisfied if an individual required to have the ignition interlock device is eligible for the Supplemental Nutrition Assistance Program (SNAP), Medicaid, Social Security Disability Insurance (SSDI), income from social security, or a judge's order for services of an indigent public defender (IPD) when the defendant demonstrated income below one hundred twenty-five percent of the federal poverty level.
C. Individuals that meet the economic hardship standard shall be required to pay no more than fifty percent of fees assessed by the ignition interlock service center for installation, monthly calibration, lease, and removal of the device.
D. Individuals that meet the economic hardship standard are responsible for any optional services an individual elects, fees related to any noncompliance as provided for in R.S. 32:378.2, state-mandated fees, and any costs related to damaged, missing, or unreturned equipment and recovery of such equipment.
E. Individuals become eligible for the affordability plan on the date that the individual provides the ignition interlock manufacturer, or ignition interlock service center, acceptable documentation verifying that the individual meets the standard for economic hardship. Continued eligibility may be verified at the discretion of the ignition interlock manufacturer or ignition interlock service center. Acceptable forms of documentation shall include an eligibility card or qualifying letter for SNAP, Medicaid, SSDI, or SSI administered by the Social Security Administration, or a judge's order for an indigent public defender as described in this Section. If the documentation does not name the individual required to install the ignition interlock device, the individual shall be required to sign a notarized affidavit provided by the Department of Public Safety and Corrections attesting to his eligibility for SNAP, Medicaid, SSDI, or SSI on a state-approved form.
F. An ignition interlock manufacturer or ignition interlock service center shall not refuse service to an individual that has demonstrated eligibility for the affordability plan in accordance with this Section.
G. An individual who has been refused service, after providing the documentation required in this Section to an ignition interlock manufacturer or ignition interlock service center, may file a complaint with the Department of Public Safety and Corrections, office of state police, applied technology unit. Effective August 1, 2024, all complaints for refusal of service shall be investigated by the office of state police, applied technology unit, within thirty days of receipt of the complaint.
H. If the investigation substantiates the refusal of service, the Department of Public Safety and Corrections, office of state police, applied technology unit, may issue a warning, suspension, or revocation of the certification for the ignition interlock manufacturer or the ignition interlock service center based on the facts of the investigation and the history of complaints related to the manufacturer or service center. An ignition interlock manufacturer or ignition interlock service center may appeal any suspension or revocation issued pursuant to this Subsection.
Acts 2023, No. 462, §1.