§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.