Ala. Admin. Code r. 760-X-4-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 760-X-4-.02 - Indigent Fund Reimbursement

(1) Pursuant to Code of Ala. 1975, Section 32-5A-191.4(i)(5)(d), ALEA shall administer the Alabama Ignition Interlock Indigent Fund.

(2) Each request for reimbursement shall include the following:

(a) the name and driver license number of the indigent defendant;

(b) copies of the indigent defendant's completed affidavit of substantial hardship and the subsequent court order granting indigency status;

(c) proof of ignition interlock device installation demonstrated by a "certificate of installation" or a "lease agreement" as defined in DFS Ignition Interlock Rules, 370-3-1(2); see also Code of Ala. 1975, § 32-5A-191.4(i)(2);

(d) the make, year, and model of the designated vehicle in which the ignition interlock device was installed;

(e) an itemized receipt of services performed for the listed indigent defendant;

(f) a copy of the ignition interlock device service center's fee schedule that was in effect at the time the services were performed; and

(g) written certification the ignition interlock device service center complies with the requirements of Code of Ala. 1975, Section 32-5A191.4.

(3) Reimbursement requests for indigent ignition interlock device services shall be reasonable. The rates for indigent defendants may not exceed rates charged for similar services provided to non-indigent persons.

Ala. Admin. Code r. 760-X-4-.02

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. 4/13/2020.

Authors: Meridith H. Barnes, Michael W. Robinson, Samantha Naramore, Erin Dunagan

Statutory Authority:Code of Ala. 1975, §§ 32-5A-191, 32-5A-191.4.