Ignition interlock providers face fee caps, must charge a $12.50 annual administrative fee from each user, and must report certain violations and installation data to state agencies and legislative committees.
From January 1, 2011, until June 30, 2012: An ignition interlock provider shall not charge more than seventy dollars ($70.00) for installing one (1) ignition interlock device; and An ignition interlock provider shall not charge more than a total of one hundred dollars ($100) per month for leasing, purchasing, monitoring, removing and maintaining an ignition interlock device. By July 1, 2012, the department of safety shall establish, through rules and regulations promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5: The maximum fees that may be charged for installing, leasing, purchasing, monitoring, removing and maintaining an ignition interlock device; and Requirements that ensure that certified ignition interlock providers have the ability to provide devices to any resident in the state. From January 1, 2011, until January 1, 2012, the department of safety in consultation with the treasurer shall conduct a study to determine: The amount of fee that should be established pursuant to § 55-10-413(a) in order to keep the electronic monitoring indigency fund solvent; The maximum fees to be charged pursuant to subsection (b), taking into consideration the goal of making the interlock device affordable to all offenders in this state; and The necessary requirements that should be established in order to ensure that providers have the ability to provide devices to any resident in the state. The department of safety shall report the findings of its study conducted pursuant to subdivision (c)(1) to the judiciary committees of the senate and the house of representatives on or before January 1, 2012. Any licensed ignition interlock provider providing a functioning ignition interlock device to a person pursuant to this part shall report to the department of correction, or any other agency, department, program, group, private entity or association that is responsible for the supervision of a person who is ordered to drive only a motor vehicle with a functioning ignition interlock device installed on such vehicle as a condition of such person's probation, any evidence of such person's: Altering, tampering with, bypassing, or removing a functioning ignition interlock device; Failing to abide by the terms or conditions ordered by the court, including, but not limited to, failing to appear for scheduled monitoring visits; and Attempting to start the motor vehicle while under the influence of alcohol. The department of safety, beginning February 1, 2012, and thereafter annually, on or before February 1, shall report in writing to the judiciary committee of the senate and the judiciary committee of the house of representatives the number of offenders who have, in the previous year, had installed on their motor vehicles functioning ignition interlock devices and whether the installation of each device was pursuant to the requirement set out in: § 55-10-409(b)(2)(B); § 55-10-409(b)(2)(D); § 55-10-409(d)(2); § 55-10-417(a)(1); or § 55-10-417(k). For purposes of this section, “previous year” means from January 1 to December 31 of the year immediately preceding the February 1 reporting date. An ignition interlock provider shall charge an annual administrative fee of twelve dollars and fifty cents ($12.50) from each ignition interlock user. The proceeds of the fee shall be transmitted to the department of safety and shall be used to fund the administrative costs of implementing compliance-based ignition interlock use, pursuant to § 55-10-425.